How to register a company in India


How to register a company in India
How to register a company in India

It’s necessary to induce yourself registered to run your business with none legal drawback. India may be a land of chance, regardless of within which field your business is working the probabilities of obtaining success is incredibly high, thus it simply desires a begin. beginning associate entrepreneurship in India would fetch your excellent success. we tend to assure a sleek method if you follow this step by step orient how to register a company in India.

Here is that the procedure and documents needed for registration of private limited company.

Procedure for private limited company Registration:

  1. Apply for DSC
  2. Apply for DIN (DIN suggests that Director Identification Number)
  3. Apply for Name (Form opposition 1)
  4. File kind opposition seven, DIR twelve and opposition twenty-two
  5. Get Certificate of Incorporation from MCA (Ministry of company Affairs)

Documents needed for a private limited Company:

  1. PAN of all administrators (To be genuine by Banker)
  2. Election Card or license or Aadhar Card or Passport
  3. statement of Director Not Older than two Months (To be genuine by Banker)
  4. possession Proof of Registered workplace (Index II or Allotment Letter or Possession Letter or any other)
  5. Electricity Bill of Registered workplace (Not Older than two Months)
  6. Rent Agreement (If Property Taken on Lease or Rent)
  7. intelligence officer from Owner of Registered workplace

It usually takes 15-20 days to register a private limited company we tend to assist you in filing all the forms and drafting MOA/AOA and alternative documents (INC eight, nine 10) need for Company registration in India.

Trust this clarifies your question

In case you wish any facilitate reach resolute us: [contact@sfconsultingbd.com] and that we will assist you on taxation matters. You can also call /WhatsApp us: +601136901890

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Question/Answer On Company Formation In India!


Company Formation In India
Company Formation In India

What are the forms in which business entity can be conducted by a foreign company in India?

  • Incorporate business as Company Law, 1956
  • Liason, Branch, Representative office can be opened by the permission of Foreign Exchange Management, India
What is the procedure for receiving Foreign Direct Investment in an Indian company?
  • It can be by the approval of government bodies or directly without prior approval of Government

What are the instruments for receiving Foreign Direct Investment in an Indian company?

Any foreign investment into an instrument issued by an Indian company which:
  • gives an option to the investor to convert or not to convert it into equity or
  • does not involve upfront pricing of the instrument as a date would be reckoned as ECB and would have to comply with the ECB guidelines.
Which are the sectors where FDI is not allowed in India?
FDI has prohibited under the Government Route as well as the Automatic Route in the following sectors:
  • Atomic Energy
  • Lottery Business
  • Gambling and Betting
  • Business of Chit Fund
  • Nidhi Company
  • Agricultural (excluding Floriculture, Horticulture, Development of seeds, Animal Husbandry, Pisciculture and cultivation of vegetables, mushrooms, etc. under controlled conditions and services related to agro and allied sectors) and Plantations activities (other than Tea Plantations)
  • Housing and Real Estate business (except development of townships, construction of residen­tial/commercial premises, roads or bridges to the extent specified in
  • Trading in Transferable Development Rights (TDRs).
  • ix) Manufacture of cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes.
(Please also see the website of Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce & Industry, Government of India at for details regarding sectors and investment limits therein allowed, under FDI)
What is the procedure to be followed after the investment is made?
A two-stage reporting procedure has to be followed
On receipt of share application money:

Within 30 days of receipt of share application money/amount of consideration from the non-resident investor, the Indian company is required to report to the Foreign Exchange Department, Regional Office concerned of the Reserve Bank of India, under whose jurisdiction its Registered Office is located, the Advance Reporting Form, containing the following details :

  • Name and address of the foreign investor/s;
  • Date of receipt of funds and the Rupee equivalent;
  • Name and address of the authorised dealer through whom the funds have been received;
  • Details of the Government approval, if any; and
  • KYC report on the non-resident investor from the overseas bank remitting the amount of consideration.
  • The Indian company has to ensure that the shares are issued within 180 days from the date of inward remittance which otherwise would result in the contravention / violation of the FEMA regulations.
Upon issue of shares to non-resident investors:

Within 30 days from the date of issue of shares, a report in Form FC-GPR- PART A together with the following documents should be filed with the Foreign Exchange Department, Regional Office concerned of the Reserve Bank of India.

Certificate from the Company Secretary of the company accepting investment from a person resident outside India certifying that:

  • The company has complied with the procedure for issue of shares as laid down under the FDI scheme as indicated in the , as amended from time to time.
  • The investment is within the sectoral cap / statutory ceiling permissible under the Automatic Route of the Reserve Bank and it fulfills all the conditions laid down for investments under the Automatic Route
What are the reporting obligations in case of transfer of shares between resident and non-resident?
The transaction should be reported by submission of form FC-TRS to the AD Category – I bank, within 60 days from the date of receipt/remittance of the amount of consideration. The onus of submission of the form FC-TRS within the given timeframe would be on the resident in India, the transferor or transferee, as the case may be.
Can a foreign investor invest in Preference Shares? What are the regulations applicable in case of such investments?
Yes. Foreign investment through preference shares is treated as a foreign direct investment.
However, the preference shares should be fully and mandatorily convertible into equity shares within a specified time to be reckoned as part of share capital under FDI. Investment in other forms of preference shares requires to comply with the ECB norms.
Can a foreigner set up a partnership/ proprietorship concern in India?
No. Only NRIs/PIOs are allowed to set up partnership/proprietorship concerns in India on non-repatriation basis.
What will be the mode of payment for the non-resident permitted to acquire share on stock exchange under FDI scheme?
The Non-Resident permitted to acquire shares under the scheme can use the following mode for payment of shares:
  • by way of inward remittance through normal banking channels, or
  • by way of debit to the NRE/FCNR account of the person concerned maintained with an authorized dealer/bank;
  • by debit to non-interest bearing Escrow account (in Indian Rupees) maintained in India with the AD bank in accordance with Foreign Exchange Management (Deposit) Regulations, 2000;
  • the consideration amount may also be paid out of the dividend payable by Indian investee company, in which the said non-resident holds control, provided the right to receive the dividend is established and the dividend amount has been credited to specially designated non-interest bearing rupee account for the acquisition of shares on the floor of stock exchange.
Whether the transfer of funds is allowed from NRO
It is clarified that the transfer of funds on account of net sale/maturity proceeds (net of all applicable taxes), of shares/debentures, may be allowed by the AD Bank from NRO – PIS account of an NRI to the said NRI’s NRE account, subject to the following conditions:-
  • such transfer of funds should be within the overall ceiling of USD one million per financial year;
  • subject to payment of tax, as applicable (i.e. as applicable if funds were remitted abroad); and
  • The AD should ensure the compliance with the limit of USD one million for transfer of funds by the NRI.
  • 100 % own share holding company
  • Joint Venture Company
  • Branch Office
  • Work Permit, Visa
  • Factory set up

S & F CONSULTING FIRM LIMITED – India

Office: Delhi, Bangalore, Sri City, Mumbai
CustomerService: +601136901890, +601126945943
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Foreign Company Registration In India


Foreign Company Registration in India
Foreign Company Registration in India

For any type’s of company registration process, we can help you! Go to our website and read necessary information on company registration in India.

S & F CONSULTING FIRM LIMITED – India
Office: Delhi, Bangalore, Mumbai
CustomerService: +601136901890, +601126945943, +880 1790220728, +6591333515 (Viber/ WhatsApp)
Email: contact@sfconsultingbd.com

India- Foreign Company Registration, Formation


The necessary information on foreign company registration in India & how to foreigner start a business in India this type all of details have in our website, Please check this Url below…!

Company registration in India for foreigner
Company registration process in India

S & F Consulting Firm Limited


S & F Consulting Firm Limited

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Company Registration in India

S & F CONSULTING FIRM LIMITED

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Foreign Company Registration (100% Foreign Investment, Joint Venture, Virtual/ Branch/ Liason Office, Foundation), Taxation, Accounts & Audit, Legal, Company Secretarial & Management Consultancy.
 Foreign Companies can set up their operations in India through:

• Liaison Office/Representative Office
• Project Office
• Branch Office

Such offices can undertake any permitted activities. Companies have to register themselves with Registrar of Companies (ROC) within 30 days of setting up a place of business in India.
a) Liaison Office/ Representative Office
Liaison office acts as a channel of communication between the principal place of business or head office and entities in India. Liaison office cannot undertake any commercial activity directly or indirectly and cannot, therefore, earn any income in India. Its role is limited to collecting information about possible market opportunities and providing information about the company and its products to prospective Indian customers. It can promote export/import from/to India and also facilitate technical/financial collaboration between parent company and companies in India.Approval for establishing a liaison office in India is granted by Reserve Bank of India (RBI).
b)  Project Office
Foreign Companies planning to execute specific projects in India can set up temporary project/site offices in India. RBI has now granted general permission to foreign entities to establish Project Offices subject to specified conditions. Such offices cannot undertake or carry on any activity other than the activity relating and incidental to execution of the project. Project Offices may remit outside India the surplus of the project on its completion, general permission for which has been granted by the RBI.
c)Branch Office
Foreign companies engaged in manufacturing and trading activities abroad are allowed to set up Branch Offices in India for the following purposes:

• Export/Import of goods
• Rendering professional or consultancy services
• Carrying out research work, in which the parent company is engaged.
• Promoting technical or financial collaborations between Indian companies and parent or overseas group company.
• Representing the parent company in India and acting as buying/selling agents in India.
• Rendering services in Information Technology and development of software in India.
• Rendering technical support to the products supplied by the parent/ group companies.
• Foreign airline/shipping company.

A branch office is not allowed to carry out manufacturing activities on its own but is permitted to subcontract these to an Indian manufacturer. Branch Offices established with the approval of RBI, may remit outside India profit of the branch, net of applicable Indian taxes and subject to RBI guidelines Permission for setting up branch offices is granted by the Reserve Bank of India (RBI).
Bank account opening
Assistance and signatory services for opening and operating Bank account in India with all major international banks are also provided.
Advantages
Our service list allows you to pick and choose to specifically match your needs. Our outsourcing capability allows you to achieve India fiscal compliance cost-effectively. We look after the peripheral issues leaving your company time to concentrate on what’s really important: succeeding in India.Foreign Company Registration in India
A foreign company can commence operations in India in one of the many different legal forms as discussed in the article. 100% foreign equity is allowed in Indian companies, subject to equity caps in respect of the area of activities under the Foreign Direct Investment (FDI) policy of India. If a company is incorporated in India, even if it is wholly owned by a foreign company, it is treated on par with domestic companies.

Joint Venture Company registration in India
In India, no legal definition as such has been given to Joint Venture Company (JVC). JVCs in India typically comprise two or more individuals/companies, one of whom may be non-resident, who come together to form an Indian private/public limited company, holding agreed portions of its share capital.

A Joint Venture Agreement, known as shareholders Agreement prescribes the number of directors on the board, the quorum for board meetings and general meetings, the day to day management of the company, procedure to be followed on the death or bankruptcy of a joint venture partner, etc. Shareholders Agreements and the Articles Of Association (bylaws) of the joint venture company form the basis of the Joint Venture. Usually, JVC partners cannot enter into activities competing with the JVC. Shareholders agreements contain specific provisions in this regard. Non- competition clause can be included in the agreement.

Generally, Indian JVCs have a 51%- 49% equity ratio between the foreign and Indian partners, respectively. A majority of share gives voting privilege hence foreign investors by virtue of their investment potential seek an upper hand and secure a majority stake in equity. There are no restrictions on repatriation of earnings from the JVC.

The typical arrangement in a JVC is as below
• Two or more parties subscribe to the shares of the JV Company in agreed proportion, in cash, and start a new business.
• Two parties, (individuals or companies), incorporate a company in India. Business of one party is transferred to the company and as consideration for such transfer; shares are issued by the company and subscribed by that party. The other party subscribes for the shares in cash.
• Promoter shareholder of an existing Indian company and a third party, who/which may be an individual/company, one of them non-resident or both residents, collaborate to jointly carry on the business of that company and its shares are taken by the said third party through payment in cash.

A foreign company can invest in an Indian company through a joint venture agreement in the sectors which are open for foreign investments. Some areas are exclusively reserved for the public sector and some are excluded for foreign participation such as real estate, agriculture, plantation etc. So it is important to check if there is any foreign investment cap for the sector in which the proposed JVC will operate. Approval of Reserve bank of India (RBI) or Foreign Investment Promotion Board (FIPB), as applicable, must be obtained for acquiring shares of the company and establishing place of business in India.

JVCs generally have limited scope and duration. The participants in the venture continue to exist as separate entity and the joint undertaking is for a specific purpose and the roles of the participants are defined and agreed in the Memorandum of Understanding. This is a popular vehicle in the era of globalization and liberalization. Foreign companies often team up with the local companies to mutually share their strengths and resources to develop new products, markets, technologies or to create value through the joint undertaking.

Although India’s foreign direct investment (FDI) rules have been substantially liberalized since the country first allowed foreign investment in the early 1990s and most sectors are now open to 100% FDI, JVC remains a popular vehicle for foreign companies. While JVC brings several benefits, it also has the inherent potential to fail because of incompatibility of the participants, management gridlocks, inadequate research, failure to contribute, misinterpretation of roles etc. Therefore it is essential to choose the right partners and clearly spell out the roles, responsibilities and rights of each participant.

Automatic Approval: The Government has classified 37 high priority areas covering most of the industrial sectors, in which up to 74% foreign equity receive automatic approval. Foreign investment in unrestricted sectors or restricted sectors up to the extent permitted under automatic route does not require any prior approval either by Government of India or Reserve Bank of India (RBI). Besides the high priority areas automatic approval is also available for setting up international trading companies engaged primarily in export activities.

Foreign Investment Promotion Board (FIPB) Approval Route: In other special cases, not covered under the automatic route, a special approval of FIPB or the Secretariat of Industrial Approvals (“SIA”), depending upon the quantum of investment, is required. The companies having foreign investment approval through FIPB route do not require any further clearance from RBI for receiving inward remittance and issue of shares to the foreign investors.

Wholly Owned Subsidiary Company (WOS) in India
Foreign companies can also set up wholly-owned subsidiary in sectors where 100% foreign direct investment is permitted under the FDI policy. A WOS can be formed either as a private or public company, limited by shares or guarantee, or an unlimited liability company. Most often due to the unique advantages Private Limited Company is the most preferred form for a WOS. This structure gives the most flexibility and protection to a foreign investor.

Liaison Office/ Representative Office in India
Foreign companies are allowed to establish Liaison Office in India after obtaining prior approval from the Reserve Bank of India (RBI), which is the apex bank India .The RBI grants approval, for one to three years, and it is renewable upon expiry. It is primarily a communication bridge between the foreign company and its customers or potential customers in India. The Liaison Office can also be setup to establish business contacts or gather market intelligence to promote the products or services of the parent company. It cannot engage in revenue generating activities.

S & F CONSULTING FIRM LIMITED – India

Office: Delhi, Bangalore, Mumbai
CustomerService: +94768763333, +601136901890, +601126945943
Other: +880 1790220728, +6591333515 (Viber/ WhatsApp)
Land-Line-Call: +94114340867 +94114853854
Email: India@sfconsultingbd.com