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Want To Setup Business in India?

Expert Lawyer Is The Answer.

Online Indian Company Registration starts at Rs.100000 / -

Pricing

Rs.100000 Includes

Basic

  • 2 DSC
  • 2 DIN
  • 1 Lakh Authorised Capital
  • Company Name Search Assistant
  • Company Name Approval
  • Company Registration Certificate (CIN)
  • PAN
  • TAN
  • MOA and AOA
  • Incorporation kit
  • Bank A/c Opening Support
  • GST Registration
  • Commencement of Business Certificate
  • Auditor Appointment for one year
  • Filing of Form ADT-1
  • 1 year CA-CS-Advocate Consultancy
  • Share Certificate
  • Statutory Register
  • Minutes of First Board Meeting
  • Minutes of Annual General Meeting
  • GST Return (One Year)
  • TDS Return (If applicable)
  • Income Tax Return of Company
  • Income Tax Return of Directors
  • Accounting and Auditing
  • CA Signed audit report
  • CA Signed Balance Sheet
  • CA Signed Profit & Loss
  • Preparation of Director’s Report, MGT-9, Notice
  • Preparation of Auditor Reappointment docs
  • Preparation of List of members and directors
  • ROC Annual Filing (Form ADT-1, AOC-4, MGT-7)
  • Directors KYC
  • Preparation of MBP-1 and DIR-8
Rs.200000 Includes

Standard

  • 2 DSC
  • 2 DIN
  • 1 Lakh Authorised Capital
  • Company Name Search Assistant
  • Company Name Approval
  • Company Registration Certificate (CIN)
  • PAN
  • TAN
  • MOA and AOA
  • Incorporation kit
  • Bank A/c Opening Support
  • GST Registration
  • Commencement of Business Certificate
  • Auditor Appointment for one year
  • Filing of Form ADT-1
  • 1 year CA-CS-Advocate Consultancy
  • Share Certificate
  • Statutory Register
  • Minutes of First Board Meeting
  • Minutes of Annual General Meeting
  • GST Return (One Year)
  • TDS Return (If applicable)
  • Income Tax Return of Company
  • Income Tax Return of Directors
  • Accounting and Auditing
  • CA Signed audit report
  • CA Signed Balance Sheet
  • CA Signed Profit & Loss
  • Preparation of Director’s Report, MGT-9, Notice
  • Preparation of Auditor Reappointment docs
  • Preparation of List of members and directors
  • ROC Annual Filing (Form ADT-1, AOC-4, MGT-7)
  • Directors KYC
  • Preparation of MBP-1 and DIR-8
Rs.400000 Includes

Premium

  • 2 DSC
  • 2 DIN
  • 1 Lakh Authorised Capital
  • Company Name Search Assistant
  • Company Name Approval
  • Company Registration Certificate (CIN)
  • PAN
  • TAN
  • MOA and AOA
  • Incorporation kit
  • Bank A/c Opening Support
  • GST Registration
  • Commencement of Business Certificate
  • Auditor Appointment for one year
  • Filing of Form ADT-1
  • 1 year CA-CS-Advocate Consultancy
  • Share Certificate
  • Statutory Register
  • Minutes of Four Board Meeting
  • Minutes of Annual General Meeting
  • GST Return (One Year)
  • TDS Return (If applicable)
  • Income Tax Return of Company
  • Income Tax Return of Directors
  • Accounting and Auditing
  • CA Signed audit report
  • CA Signed Balance Sheet
  • CA Signed Profit & Loss
  • Preparation of Director’s Report, MGT-9, Notice
  • Preparation of Auditor Reappointment docs
  • Preparation of List of members and directors
  • ROC Annual Filing (Form ADT-1, AOC-4, MGT-7)
  • Directors KYC
  • Preparation of MBP-1 and DIR-8

About Indian subsidiary

India is now most preferred country by the world startup community. Foreign companies have shown interest to start operations in India and ready to enter into the world fastest growing economy and with access of the best human resource in the world. The government of India has initiated various new regulations and policies in order to improve the environment and make doing business in India a lot easier than what it used to be before in order to facilitate registration of wholly owned subsidiary in India by foreign company.

Foreign Direct Investment of upto 100% is allowed under the automatic route in most activities/sectors in India. Investment in activities / industries where automatic route is not available can be made with the approval of the Government under the Government Approved FDI method. Expert Lawyer can be your legal and professional partner in India to get your New Company / Subsidiary in India started quickly and cost-effectively.

Advantages

Operation And Strategic Control

One of the advantage is that subsidiary company gets financial support from parent company in terms of funding through share subscription money, technical knowhow, training, employees and other consultancy free of cost or at very nominal price which is very difficult for any newly established company.

Easy Funding

Parent company can provide continuous inflow of funds by subscribing to new shares of subsidiary company and thus save it from cost of debt. This arrangement also provides an advantage of offsetting losses from profits. This arrangement also allows joint ventures with other companies

Separate Legal Entity

An organization is a lawful element and a juristic individual established under the Act. Therefore a company form of organization has wide legal capacity and can own property and also incur debts. The members (Shareholders/Directors) of an organization have no risk to the leasers of an organization for such obligations.

Limited Liability

If a subsidiary company suffers any liability, then the liabilities and credit claims won't be passed on to the holding company, ensuring that the assets of the holding company suffer no harm in case the subsidiary is in losses. Taking the benefits into consideration, a Foreign Holding Company can opt to incorporate a Wholly Owned Subsidiary in India.

Continuity Of Existence

A company, being a separate legal person, is unaffected by the death or other departure of any member but continues to be in existence irrespective of the changes in membership. A company enjoys uninterrupted existence.

Foreign Direct Investment In India

100% Foreign Direct Investment (FDI) is allowed in several business activities/industries without any prior approval. Foreign direct investment is not allowed in Proprietorship or Partnership; LLP requires prior Government approval.

Brand Value

Company's brand value will get increased because employees feel secure in joining the private limited company, vendor feels secure in offering credit, investor feels secure in investing, the customer feels trust and confidence in brand in buying company product/services because of a sound corporate structure. This all makes big shape of the company and ensure an easy way for Startup Company to become a multinational company. Startup Company starts with zero revenue and rapidly reaches to multi billion dollar company in just a few years just because of high brand value of the company.

Minimum Requirements

  • Two directors
  • Two shareholders

Documents Required For Registration

Identity and Address Proof

Documents will remain same as of required for any normal company for Indian resident.Like Identity Proof, Address Proof, Passport, Bank statement

In case of foreign director or shareholders, the document requirements will remain same but all documents should be apostilled and notarised from that country.

There are certain documents and declaration of shareholders/Directors that are required to be made during incorporation which are also need to apostille.

In case of Indian subsidiary company, detail and documents of holding company, details and documents of nominee of holding company and true copy of resolution of company for investing shares in other company is also required to be furnished.

In case a foreign promoter if signing and subscribing to the Memorandum and Articles of Association outside India then he is required to sign the same before the Indian Consulate present.

If such Promoter is signing and subscribing in India, then all the documents that he is signing must be notarized and further a copy of the passport declaring his stay in India is required to be produced before the Registrar. Witness to signatures should be made by any person available at the time of execution.

Registered Office Proof

  • Register office of all companies must be in India .If it is a Rented Property, Rent agreement and NOC from a landlord.If it is a Self-owned Propert, Electricity bill or any other address proof.
  • Documents submitted must be valid and not more than 2 month old.

Process

FORM SPICE (INC-32) MOA (INC-33), AOA (INC-34), AGILE

Form INC-32 must be accompanied by supporting documents including details of Directors & subscribers, affidavits, declarations, identity proof, address proof, MoA and AoA etc. Once the eForm is filed, its processed by the MCA’s Central Processing Centre.
If found complete company would be registered and CIN would be allocated. Also DINs gets issued to the proposed Directors who do not have a valid DIN. Maximum three Directors are allowed for using this integrated form for filing application of allotment of DIN while incorporating a company. Once all the 4 forms ready with the applicant, upload all three documents as Linked form on MCA website and make the payment of the same.

  • In respect of non-individual first subscribers who are based outside India, pdf attachments of apostilled MOA and AOA shall be attached with SPICe (INC-32).
  • SPICe AoA (INC-34) has facility for adding, modifying, and deleting Articles. Thus if additional article is required, we may add the same
  • DSC is mandatory for all subscribers and witnesses in eMoA (INC-33) and eAoA (INC-34). eMoA and eAoA shall be used only where the maximum number of subscribers do not exceed 7. In case the numbers of subscribers are more than 7, MoA and AoA shall be attached manually to SPICe and DSC is not mandatory in such cases.
  • Two resubmissions are only permitted in the e-form
  • SPICe eMoA and eAoA have to be uploaded as ‘Linked Forms’ to SPICe (INC-32).
  • The Ministry of Corporate Affairs (MCA) has notified an E-form known as AGILE – Application for Registration of the Goods and Services Tax Identification Number (GSTIN), Employees’ State Insurance Corporation (ESIC) registration and Employees Provident Fund Organization (EPFO) registration.
  • GSTIN Application via E-form AGILE and Mandatory to file INC-35 while submitting SPICe form.
  • It is mandatory to apply for PAN and TAN for the proposed company along with SPICe form.

Frequently Asked Questions

Till the time investment decisions are not firm, business in India can be done by appointing an agent, distributor in India or directly providing services from abroad.
Such arrangements are subject to applicable tax withholding rules in India. The payment from India is governed by rules of Foreign Exchange Management Act (FEMA) and controlled by Reserve bank of India (RBI)

Initial approval of a LO is granted by Reserve Bank of India for 3 years. Subsequent request for an extension is generally approved for next 3 years. Further extensions can again be applied, however approval by Reserve Bank of India (RBI), is granted on a case to case basis

There is a requirement to appoint an Authorized Representative of an LO. He/She can be a resident of India or US. An Authorized Representative can be changed at the will of the Board of Parent Company. The person however must have an Indian Permanent Account Number (PAN). PAN is a unique number, obtained by registering at Indian Income Tax.

BO can be opened with a prior approval from RBI and it’s regarded as Foreign Company in India. As it’s not a separate entity from its parent company, all business risk and liabilities are directly assumed by the Parent company. It can conduct full fledged business activities in India, except Manufacturing. It can however subtract such activities to Indian vendors. BO, being a foreign company taxed at a higher rate (presently 40%).

You don't need to incorporate. In case you have awarded a specific contract in India, you can set up a PO without prior approval of Reserve Bank of India. After completion for the project the net of tax, proceeds can be repatriated to the Parent Company.

Most of the business sectors don't require a prior approval and 100% FDI is permissible. In all such cases, only reporting is required to RBI, within 30 days of receipt of equity/allotment of shares. Where ever automatic route is not available i.e. sectors which has a cap on FDI, prior approval from Foreign Investment Promotion Board (FIPB) is required e.g Whole Sale Trading.

Recently the requirement of Minimum Share capital (Private Limited- INR100K, Public Limited- INR500K) is being lifted by Indian Government. There is however requirement of minimum 2 Shareholders & 2 Directors (at least 1 to be resident director). There is also a provision of One Person Company (OPC), however it is allowed only to a resident Indian.

An address to be termed as a “Registered Office’ is required. Commercial or business address can be at a different location. There is no requirement of any minimum area, location etc. A business incorporated at any place in India, can do business throughout India. State Government however may require some local registrations.

Initial funding can be done though injecting share capital i.e. FDI. A loan from parent company (External Commercial Borrowing- ECB) is permissible only for Capex. ECB for working capital is permitted subject to certain conditions and a lock in period of seven years for capital repatriation. Local financing is always available subject to required collaterals.

No, taxability in India arises based on residential status in India and incomes accrue or arise in India. A Director is however is liable for any negligence or any wrong doing on behalf of the PLC, as he/she is termed as a Key Managerial Person (KMP).

India has a federal system of levying tax on businesses. Income Tax, Service Tax, Customs Duty etc. are levied & collected by Central Government, however Value Added Tax, Local Body Tax, Municipal Taxes, etc are state subjects.

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