Foreign Company Registration in India

India is a liberalized economy where most of the sectors are open for foreign investment. We have a rich experience of over 16 years in delivering high-quality professional tax and regulatory services to foreign corporations and individual investors in India

Important Conditions for FDI in a Company

1. Check FDI Limit - Most of the sectors are open for foreign direct investment in India under the automatic route, without any prior approval for incorporation of the company. Please refer to the latest RBI Notification or Press Note.
2. One Resident Director - One director of the company must be an Indian Resident. A person is said to be a resident when he/she stays in India for at least 182 days during the previous financial year. The stay can be completed in many trenches.
3. Business VISA - If the foreign signatory arrives in India on a business visa, then his documents can be attested easily in India; otherwise, the document would require legalization by Indian embassy or through the Apostille.
4. Attestation / Apostille  - All documents of foreign origin and those executed in a foreign territory need to be legalized by way of attestation by Indian high commission or through apostille in terms of Hague Convention.

Information Required -

• Proposed Name of the Company
• The main object of the Company
• Registered Office of the Company
• Capital Structure of the Proposed Company
• Directors/Shareholders Details 

Documentation for Foreign Company Registration in India 

Eligible and legally attested documents are of vital importance, with proper documentation the half of the process should be considered won. There are following stages of documents

Document From Mother/Holding Company (If Applicable)

1. Certificate of Incorporation
2. AOA/MOA or Charter Document
3. List of Shareholders and Director of the foreign company
4. Board Resolution Approving incorporation of a Subsidiary Company in India
5. Power of Attorney in the name of Authorised Representative

Document From Foreign Director/Shareholder/Authorised Signatory

1.  Photo in Colour
2.  Passport
3. National ID card
4. Pan Card Copy issued by the Indian Government (If any)
5. Address Proof (Telephone Bill / Utility Bill / Bank Statement)
6. Business Visa in case the foreign person is in India

Document From Indian Resident Director or Shareholder (if any)

1. Colour Photograph - 4
2. Pan Card (Issued by Income Tax Department)
3. Identity Proof (One from Voter ID Card/Driving License/Passport)
4. Address Proof (One from Bank Statement/Electricity Bill/Telephone Bill/Mobile Bill)

Proof Of Registered Office In India Of The Proposed Company

1.  Premises Proof ( Ownership Papers / Electricity Bill / Water Bill or Gas Bill)
2. No Objection Certificate (NOC) from the owner of the premises.

Drafting Of Government Forms : Promoters Need To Sign On Following Documents

1. Digital Signature Issue Form For MCA Filing
2. Director Consent in DIR-12
3. FEMA Related Declarations
4. Company Act Related Declarations in INC-9
5. Subscriber Sheet of MOA & AOA 

Attestation/Document Legalisation: 

All the documents of director/shareholder are required in two sets, One set must be self- attested while the other set must be attested or legalised in the following manner

1. When the original documents are in India and the person to whom these documents belong is also in India, then the same shall be attested by a Notary, Gazetted Officer, Postmaster or Bank Manager. 
2. When the original documents are not in India, then the same need to be attested by a notary public of home country and further attested by Indian High Commission or Embassy of India. Alternatively it can also be apostilled
3. In case the foreign national is in India, then it has to be on a business visa, otherwise, they shall be presumed that they are not in India for documentation purposes. 

Financial Proposal: Basic Pack: USD 599/- Only | Following is included |

1. Digital Signature For Two Promoter
2. Din For Two Promoter
3. Name Approval Of The Company
4. Drafting of Moa & Aoa For The Company
5. Professional Certification For Company Registration
6. Certificate Of Incorporation (COI)
7. Pan & Tan Number For The Company
8. Documentation Support For Bank Account Opening

Post Company Registration Services:

After a company is registered following are the necessary activities which every company having foreign shareholder is required to do. Setindiabiz is experienced to deliver quality professional services which your enterprise may need. Here are some of the most common services applicable in all cases.

 

Sl. No	Post Incorporation Services - Applicable in All Cases	Amount in USD
1	GST Registration For One Location/Address	$ 59
2	Import Export Code (IEC)	$ 79
3	FDI Reporting under FEMA to RBI Mandatory in case of foreign Shareholding File FC-GPR Form within 30 Days of Capital Remittance Chartered Accountant Certification Company Secretary Certification Non Compliance is a Serious Offence	$ 350
4	Initial Companies Act Compliances: Here is the list of items Issue of Share Certificate to First Subscribers Franking/Stamp Duty Payment on Share Certificates Appointment of First Auditor of the Company Filing of Declaration to Commence Business - INC 20A	$ 179

Notes

1. The timeline suggested is applicable only after completion of documentation from your end for each stage. The above financials are applicable in cases where the capital with which the company is being incorporated is up-to Rs. one lac and the number of Directors is 2 only. In all other cases kindly get back to me for a customized quote, as the government fee as well as our professional fee changes with the increase in the capital of the company. 
2. That We shall apply for Name Availability of the company and once approved it remains valid for 20 days from the date of its approval within that period the complete application for company incorporation need to be filed for incorporation of the company. In case name is rejected or lapses due to non-filing of documents, you would be required to pay an additional USD 70/- as the fee for making another application for company name approval, which also includes government fee.

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