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Home - Company Incorporation in India/Company Incorporation Consultants/Company Incorporation Services/Company Incorporation Advisior

Company Incorporation in India/Company Incorporation Consultants/Company Incorporation Services/Company Incorporation Advisior

1. Which legal entity is going to be best for what you require?
The best legal entity to carry out long term business in Indian territory is to establish a Private Limited Company. This could be done by making investment through equity shares in the Company.

The basic Requirement for a private Limited Company in India is as follows:-
  • The company should have at least Two Directors
  • The company should have at least Two Shareholders
  • The company should be started with a Minimum Capital of INR 100000/-

2. How long does the appropriate registration of the above suggested legal entity take?
The process of company incorporation will be completed in approximately 12-15 days after the receiving of all the required documents.

The breakup of the number of days is as follows :-
Activity Days
Taking Directors Identification Number (DIN) 1 Day
Taking Digital Signature of Directors 1 Day
Reservation of the name of the Company 5 Days
Preparation of other Document such as MOA,AOA, Forms etc 2 Days
Filling of Documents with Authorities 1 Days
Liaison with the authorities and Correction 3 Days
Getting Final Certificate of Incorporation 2 Days
Total Number of Days 15 Days

3. Formation Cost involved in the formation of the Above Company?
The incorporation cost of the Private Limited Company depends upon the Authorized Capital of the Company.

Following is the breakup of Cost for the formation of the Company with a minimum required authorized Capital of INR 1 Lac.
Activity Days
Taking Directors Identification Number (DIN) INR 1500/- Each Director *2
Taking Digital Signature of Directors INR 5000/- Each Director*2
Reservation of the name of the Company INR 1000/-
Filling fees of government for final documents* INR 6200/-
Other Government Expenses INR 3000/-
Total Cost INR 23200/-

* Fees Changes with the amount of Capital of Company

4. What are the operating principles/ legal requirements/ accounting requirements of a foreign company operating in India?
The foreign company registered and operated from India is treated as a Local Indian company.

Following are the basic information :-
  • Subsidiary of Foreign Company need to take RBI Approval for investment made in India.
  • Company need to Maintain its books of Accounts.
  • Company need to get its accounts audited every year.
  • Company need to file its tax return annually.
  • Company need to file annual account with authorities annually.
  • Income tax rates applicable to Companies @30%.
  • Company need to have various Business registration with authorities like PAN, TAN, VAT, CST, Services Tax, Profession Tax, Central Excise, Import Export Code, Shop Act etc depending on the applicability
  • Regular Monthly/Quarterly/Six Monthly Return shall be filled for above registration as per applicability.

5. What is the process on getting investment capital into the country? What are the pitfalls of this?
The Foreign Direct Investment Guidelines are issued for the investment in India. The investment is allowed under two methods:

Investment through Prior Approval : The prior approval is required from the Indian Government in certain businesses. The investment is done in any Indian Company only after receiving the approval.

Investment under Automatic Route : The automatic route for investment is allowed for most of the businesses. The investment in any Indian Company is allowed without any prior approval under the Automatic Route. Once the capital is remitted in the Indian Company within 180 of the introduction of capital the company has to carry out all the necessary document filling with the RBI.

Following are the documents.
  • Filling intimation of receipt of Share Capital (within 30 Days)
  • Filling FCGPR form with share allotment details and other information
  • Filling Legal Compliance certificate from Company Secretary.
  • Filling share valuation certificate from the Chartered Accountant.

The applicability of the above 5.1 & 5.2 need to be checked based on the nature of activities and business to be conducted by the foreign Company in India.

6. Can another company be sole share holder & director of a Private Limited Company?
As per the Basic requirement for the Company formation we need minimum 2 Shareholders and 2 Directors Hence we need minimum two shareholders and directors. In order to fulfill your requirement we can form Company by giving just one share to the second shareholders. The second shareholder will hold the shares on behalf of the Company itself hence the ownership will be 100% with the Company. In respect of the directorship we need minimum two individual name to be acting as directors of the Company.

7. Do the directors need to be present in person in India to perform the formation?
No the directors need not be present to perform the formation of the Company, they can provide the documents through the courier to our office and we can take care of the things. Further there are certain documents which are required to Notarized or Certified by the Indian embassy in your country.

Following are the documents which needs certification.
  • Passport of the directors - Duly Notarised
  • Proof of the Residential address of Directors - Duly Notarized
  • Documents mentioning the father's name of the directors. (Birth Certificate)
  • Declaration of subscription of shares in the own handwriting of the shareholders or person authorized by Company. - Certified by Indian Consulate
  • Resolution by the investor Company mentioning about investment in India and authorizing any person to sign all documents on the investors behalf

The above documents shall be duly notarised or certified by Indian Embassy in their country.




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