Registering a business in India is a very quick and online process. India is a land of infinite opportunities and skilled workforce as one would agree. Starting a business in India and Investing was never so easy, cheap and quick. One can start a wholly owned Indian subsidiary anywhere in India. There are no state-specific laws. There is only one central law that governs the Indian Subsidiary Set up across India. All you need a resident Indian director (not necessarily a shareholder but can be an employee!) and a rented (virtual) place of office to get going. 100% ownership, strategic decision -making and control of operations rest with your parent company always.
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Indian Subsidiary Features
1. Separate Legal Entity
An Indian Subsidiary company enjoys the infinite benefit of Separate Legal Identity in the eyes of law in India which clearly states that assets and liabilities of the business are not the assets and liabilities of the Directors or shareholders. Your company continues as a separate legal person.
2. Limited Liability
Shareholders or the owners of a Company have a limited liability towards the company. Their liability is limited up to the shares subscribed by them. Shareholders of the company have no further liabilities. They are not liable for any debts incurred by the company.
3. Easy Transfer
Shares of an Indian Subsidiary company are eligible for transfer from one shareholder to any other person. Filing and signing a share transfer form and handing over the buyer of the shares along with share certificate can easily transfer shares. This is easy and quick.
4. Perpetual succession
The company keeps on existing in the eyes of law even in the case of death, insolvency, the bankruptcy of any of its members or shareholders. It continues as a legal person until legally dissolved. Death of any member does not affect the existence of the company.
5. 100% FDI
100% Foreign Direct Investment (FDI) is allowed in many sectors under the automatic route. It requires no requirement of any prior regulatory approval for investment in equity shares but only posts facto filing/intimation to the Reserve Bank of India.
6. 100% Ownership
Parent Company (based in any part of the world) can retain 100% effective ownership of its Indian Counter-part. This means that strategic decision-making and effective management control is always retained by your foreign parent company.
Process of Registration
1. Documentation – A compliance manager will get in touch with you to collect your documents along with a simple checklist. You need to fill up that checklist and submit along with your documents for verification. Our team of experts will verify the documents provided by you and take the procedure further. The compliance manager dedicated to you will keep you updated on the progress of Company Registration throughout the process.
2. Name Approval – Once your documents along with Checklist are submitted, we shall proceed with the application of your Digital Signature and subsequently the approval of name for your Indian Subsidiary Company. You may suggest up to three names of your choice. Names should be unique and suggestive of the Company’s business. We will proceed with application for name for your Indian Subsidiary Company in Part A of SPICe Plus form.
3. Registration – We will draft the MOA and AOA. We will file the incorporation documents with MCA through in part B of a form called “SPICe Plus (SPICe +)” along with the subscription statement. Usually, MCA approves the forms within 4-5 days once filed and issues Incorporation Certificate with CIN. PAN & TAN are allotted alongside. You may then proceed to open your Company Bank Account in any bank such as HDFC, ICICI, KOTAK etc.
1. Photograph of all the Directors and shareholders
2. PAN Card of all the Directors and shareholders
3. Self-Attested ID Proof of all the Directors (Driving License/Passport/Voter ID)
4. Electricity Bill or any other utility bill for the address proof of the Registered Office
5. No Objection Letter (NOC) from the landlord with his/her consent to use the office as a registered office of a company must be submitted.
Frequently Asked Questions
Yes, a foreign company or foreign national can own or start a business in India by acquiring equity shares of the company. Investment in a Company can be under two routes, automatic route or Government approval route. The automatic route requires no requirement of any prior regulatory approval for investment in equity shares of an Indian business and is allowed in most of the businesses.
Yes, foreign nationals can be Directors of an Indian company after obtaining a Director Identification Number. Director Identification Number for a foreign national can be obtained by applying for the same with the Ministry of Corporate Affairs.
For a foreign national or foreign company to start a Company in India, the foreign National must have an address for Registered Office in India and one Director on the board, who will be an Indian Citizen and Indian Resident.
TeamIndia will help you opening your bank account in any banks listed namely, HDFC bank, ICICI bank, Kotak or any nationalized bank of your choice.
In India, the Foreign Direct Investment policy is regulated under the Foreign Exchange Management Act, 1999 governed by the Reserve Bank of India. Below is the list of important FEMA compliance:
- Annual Return on Foreign Liabilities and Assets
- Annual Performance Report (APR)
- External Commercial Borrowings
- Single Master Form (w.e.f. 30.06.2018)
- Advance Reporting Form (ARF)
- Form FC-GPR
- Form FC-TRS
- Form ODI
Foreign investment in India in any form is prohibited in businesses engaged or proposes to engage in the following business:
- i) A business of chit fund; or,
- ii) Nidhi Company; or,
iii) Agricultural or plantation activities (excluding floriculture, horticulture, development of seeds, animal husbandry, cultivation of vegetables, mushrooms, etc., under controlled conditions, services related to an agro & allied sector and tea plantations); or,
- iv) Real Estate business, or construction of farm houses (Does not include the development of townships, construction of residential/commercial premises, roads or bridges); or,
Trading in Transferable Development Rights (TDRs).
Yes, NRIs / Foreign Nationals / Foreign Companies can hold shares of a Private Limited Company subject to Foreign Direct Investment (FDI) Guidelines.
Director Identification Number is a unique identification number assigned to all existing and proposed Directors of a Company. It is mandatory for all present or proposed Directors to have a Director Identification Number. Director Identification Number never expires and a person can have only one Director Identification Number.
To incorporate a private limited company, a minimum of two shareholders are required. A minimum of two shareholders and a maximum of up to 200 shareholders are allowed in a private limited company. The shareholders could be natural persons or companies, including foreign companies.
A private limited company must have a minimum of two Directors and can have up to a maximum of fifteen Directors.
You can start a Private Limited Company with any amount of capital. However, a fee must be paid to the Government for issuing a minimum of shares worth Rs.1 lakh [Authorized Capital Fee] during the incorporation of the Company. There is no requirement to show proof of capital invested during the incorporation process.
No, you will not have to be present in India to register a company or firm in India.
Yes, we promise an end-to-end support, which includes Bank account opening with a bank of your choice in India. We have corporate tie ups with multiple banks, including international banks. We co-ordinate with the bankers on your behalf and ensure that you can quickly start your operations.
We accept paypal payments in your desired currency. You may drop an email with your brief details and we will send you quick payment option over email.
Yes, you are eligible for full refund subject to deduction of government fees that have been paid on your behalf. If we have not started working, you are eligible for full refunds. No questions asked!
TeamIndia.co.in provides Indian Subsidiary Registration all across the world.
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