Setting Up Company In India By Foreign Companies/the Company Incorporated Outside India
A Company incorporated outside India can establish its place of business in India by incorporating a Company in India and can hold 100% paid-up equity capital of the Indian Company in its name.
Following are the steps involved in Incorporation of Company in India along with detail/documents required on each step of incorporation:
STEP -1: NAME APPROVAL
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S.N |
Detail/documents required |
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a. |
Two proposed names of the proposed Company
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b. |
Brief note on business activities of the proposed Company
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c. |
Notarized and Apostille copy of Board Resolution of Foreign Company for Incorporation of Company in India.
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d. |
Registered office address in India of the proposed Company
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STEP 2 – PREPARATION OF DOCUMENTS FOR INCORPORATION OF COMPANY
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S.N |
Detail/documents required |
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a |
Certificate of Incorporation of Foreign Company.
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b |
Charter Document of Foreign Company (MOA and AOA)
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c |
Address Proof of Foreign Company in their home country.
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d |
Scanned copy of Passport of the person authorized to sign the documents on behalf of Foreign Company.
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e |
Utility bill/ Bank Statement of the person authorized to sign the documents on behalf of Foreign Company
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f |
Scanned copy of Passport and address proof of the person who will have 1 equity shares as nominee of the Foreign Company
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g |
Scanned copy of passport and address proof of the persons who will become the first directors of the proposed Indian Company on behalf of Foreign Company. Foreign nationals can be directors holding control interest of the company.
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h |
PAN /Adhaar Card of Indian Nominee Director as required to be appointed u/s 149 of the Companies Act, 2013
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i |
Particulars of the Banker in India
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STEP 3 – SUBMISSION OF APPLICATION FOR INCORPORATION OF COMPANY
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S.N |
Detail/documents required |
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a |
Notarized and Apostille copy of Certificate of Incorporation of Foreign Company.
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b |
Notarized and Apostille copy of Charter Document of Foreign Company (MOA and AOA)
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c |
Notarized and Apostille copy of Address Proof of Foreign Company in theirhome country
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d |
Notarized and Apostille copy of passport and address proof of the person who will sign the documents on behalf of Foreign Company.
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e |
Notarized and Apostle copy of passport and address proof of the person who will have 1 equity shares as nominee of the Foreign Company
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f |
Notarized and Apostille copy of passport and address proof of the persons who will become the first directors of the proposed Indian Company on behalf of Foreign Company
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g |
Notarized and legalized copy of Memorandum of Association, Articles of Association and other incorporation documents of the proposed Company executed outside India
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h |
Digital Signature of any one director of the Company.
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STEP 4 - POST INCORPORATION COMPLIANCES
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S.N |
Detail/documents required |
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a |
Copy of rent agreement about the situation of Registered office of the Company
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b |
Submission of Declaration of Commencement of Business to ROC in E-from INC20A
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c |
Form FCGPR with the Reserve Bank of India (RBI) for allotment of shares to subscribers to Memorandum of Association of Indian Company
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d |
Application for GST registration if needed
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e |
Application for Importer Exporter Code (IEC) License for Export Import business. |
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