FinTax Corporate Professionals LLP

a house of corporate compliance, taxation & regulatory services

Foreign Company Incorporation in India

  • Company Incorporation in 15 days with Bank A/c 
  • Get Service of Indian Nominee Director and Virtual Office 
  • Dedicated Corporate Compliance Service by Company Secretary
  • Dedicated Chartered Accountant for Audit, Accounting & Taxation 
  • Cross Border Transaction Advisory..

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Foreign Company Incorporation in India

Different Types of Foreign Company Registration

- Brief idea

Different Types of Business can be formed in India by a Foreign Citizen or Foreign Company

Opt 1  Wholly Owned Subsidiary Company –
            -  which can be either a Private Limited Company or Public Limited Company

Most Popular Form of Business is Private Limited Company Incorporation as Wholly Owned Subsidiary of Foreign Company ( Majority Stake shall hold by Foreign Company)

This is best option for Startups, E-commerce Companies, IT Companies as well, who are looking to enter into Indian Market.

Opt 2: Joint Ventures with other Indian Companies

             - suitable in case 100% FDI is not permitted

Opt 3: Limited Liability Partnership (LLP)

           - Suitable for small business or professional works. FDI Pemissible here.

When there is no commercial Operation in India, in that case a Foreign company can setup his Office in India with option of -

1) Branch Office

b) Liaison Office or Representative Office

c) Project Office

Pre-conditions for Commencing Business in India as LO/BO/PO is explained here below under different segment. Please read

Other Various Registrations & Licenses post Incorporation of a Company

A) Goods & Services Tax (GST) Registration

B) Import - Export Code or called IEC Certificate

Other Licenses / Registration ( Wherever applicable for your business, you have to take). For that you can consult first to understand requirments from our consultants. 

C) ISO Certifications

D) BIS Certification ot ISIMark Registration

E) Drug License or Pharma Company License

D) Restricted Goods Import Export License/Permission

E) EPF & ESIC Registrations

Few more ....

Foreign Company Incorporation in India
Foreign Company Incorporation in India

Documents Requirements for Foreign company Incorporation in India

Foreign Company Documents
1) Board Resolution ( contents we provide),
2) Company constitution documents - Certificate of Incorporation, Bylaws/AOA,
3) Address Proof of company - Telephone or any other Utility Bill,
4) TradeMark ( if available)
Foreign Company's Authorised Representative's Documents
1) Photograph, Mobile Number and Email ID,
2) Passport,
3) Latest copy of Bank Statement/Electricity bill/Telephone Bill (Any one),
4) Driving Licence
For Foreign Citizen Shareholder(s)
1) Photograph, Mobile Number and Email ID,
2) Passport,
3) Latest copy of Bank Statement/Electricity bill/Telephone Bill (Any one),
4) Driving Licence,
5) DIN ( Director Identification Number, if he/she is already a director in any company in India)
For Indian Nominee Director
1) Photograph, Mobile Number and Email ID,
2) Passport/Voter ID/ Driving License (Any one),
3) Latest copy of Bank Statement/Electricity bill/Telephone Bill (Any one),
4) DIN ( Director Identification Number, if he/she is already a director in any company in India)
Registered Office Address proof (In India)
1) Electricity bill/Telephone Bill (not more than one month old)
2) No Objection Certificate (NOC) from Owners of the office premise ( NOC formate we provide)
3) Office Rent Agreement/Lease deed for address
Documents Notarization and Apostille
All Above documents must be notarized and Apostille at home country
( For More details regarding Documents, please contact our Consultant)

Foreign Company Registration Process in India (WOS)

  • Documentations All Share subscribers (shareholders) and Proposed Director's ID and Address Proof, Photographs and Mandatory passport copy.
    Foreign Company's Constitutional Documents, Board Resolutions, etc.
    Notarization & Apostilling/legalization of documents mandatory.
    Documents may vary case to case. We helps here.
  • Name Approval Check availability of name / registered trademark for the incorporation of the company. Further to this, reserve name of the proposed company through online service RUN on MCA website. The name can also be applied through SPICe+.
  • Obtain DSC (Digital Signature certificate) DSC is compulsory for All Proposed Directors and Shareholders. Even an Authorised representative of Foreign Company (shareholder) is must to file incorporation with MCA ( Ministry of Corporate Affairs)
  • Form INC 32 (SPICe+) Form INC 32 (SPICe+) are to be duly filled and submitted to RoC for the incorporation of the company. PAN and TAN are shall be auto-generated based on details filed in the SPICe+ form
  • eMOA and eAOA Filing of electronic Memorandum of Association (eMoA - INC 33) and Articles of Association (eAoA- INC 34) in SPICe+ . For foreign subscribers physical MoA to be executed and attached.
  • Incorporation Certificate Get Company Incorporation done within 7-10 workings days.

How we work for you?

Initial Consultation
Connect with our Consultant and Get full Consultation over Voice call or Video Call +91-7678243418
Foreign Company Incorporation in India
Ask Quotation and Requirements
If you're satisfied with out consultation , ask details on email includes services we can offer, Documents requirements, re-conditions and quotation
Foreign Company Incorporation in India
Engagement
We Sign an engagement letter with you before proceed to form a company.
Foreign Company Incorporation in India
Completion
On time we complete your Company incorporation and then we step by step proceed for other various registrations and licences which you may need depending on the nature of business activities
Foreign Company Incorporation in India
Post Setup advisory
After your business setup in India, we continue to offer our legal advisory, Corporate Compliances, taxation, accounting as and when you may need

NEXT STEP After Company Incorporation in India

1. Open a Bank Account and Transfer Share Capital money from each Shareholders proportionately.

2. RBI-FEMA compliances for Share Capital Transfer to Indian Bank A/c. 

3. ROC Compliances

  • Filing of Commence of Business after Bank A/c open

  • Appointment of Statutory Auditor within 30 days of Incorporation of Company

?4. Take Other Various Registrations - Like GST registration, Import Export Code Certificate (IEC), etc.

We Helps you here with our dedicated service

What are the Various Mandatory Compliances to do on regular basis?

Statutory Audit - Once in a year Compliance. Audit of Financial Statement.

Tax Audit – Once in a year Compliance under the Income Tax Act

GST Audit - Once in a year under Goods and Services Tax Act

GST Compliances - Return Filing, Tax Deposit, Transaction Advisory (frequency of compliance monthly/quarterly/annual)

ROC Compliance – Dedicated service of Company Secretary. Annual Filing & Reporting to ROC, Maintaining Minutes, Board resolutions, Statutory registers, Filing of Various ROC Forms as and when require with CA/CS/CMA Attestations

Income Tax Return Filing – Once in a year Compliance.

TDS (Tax Deducted at Source) - Return Filing, Tax Deposit, Transaction Advisory (frequency of compliance - monthly tax deposit and quarterly return filing)

RBI - FEMA ( Reserve Bank of India - Foreign exchange Management Act) Compliances if there is any FDI and overseas borrowigs in India. 

Few more Compliances depends on business nature and activities. Details you can get from our Consultants.

Pre-conditions for Commencing Business in India as LO/BO/PO

Liaison Office (LO) Branch Office (BO) Project Office (PO)
Eligibility Profit making track record during the immediately preceding three financial years in the home country and net worth of not less than $ 50,000 or its equivalent. Profit making track record during the immediately preceding five financial years in the home country and net worth of not less than $ 100,000 or its equivalent. N.A
Permitted Activities LO can not undertake any commercial activity and acts as a channel of communication between the principal place of business or head office and entities in India. Its role is limited to collecting information about possible market opportunities and providing information about the company and its products to prospective Indian customers.  It can promote export/import from/to India and also facilitate technical/financial collaboration between the parent company and companies in India. It cannot earn any income in India. BO can be set up by foreign companies. The permitted activities include export/import of goods; rendering professional or consultancy services; carrying out research work, in which the parent company is engaged; promoting technical or financial collaborations between Indian companies and parent or overseas group company; representing  the parent company in India and acting as buying/selling agents in India; rendering services in information technology and development of software in India; rendering technical support to the products supplied by the parent/ group companies and foreign airline/shipping company. PO can be set up to execute specific projects in India and cannot undertake or carry on any activity other than the activity relating and incidental to the execution of the project.
There is a general permission to non-resident companies for establishing BO in the Special Economic Zones (SEZs) to undertake manufacturing and service activities subject to: 
# BOs are functioning in those sectors where 100% FDI is permitted
# BOs comply with Chapter XXII of the Companies Act, 2013
# BOs function on a stand-alone basis
Remittance N/A Permitted to remit profits net of applicable taxes and on submission of requisite documents. Intermittent remittances by companies pending winding-up permitted s.t. satisfaction of AD Category 1 bank.
Validity Generally for 3 years
*except in the case of NBFCs and those entities engaged in the construction and development sectors, for whom the validity period is two years only		 NIL As per the tenure of the project
FAQs
  • Why you choose us for your company Incorporation in India?
    • We're one of the leading Corporate Consultant with network all cities in India. More than 15-20 years experience Chartered Accountants, Company Secretary and Corporate Lawyers team available all the time for your assistance.
      # We try to service you with reasonable fee and save extra expenses.
      # Another advantage is you get all your solutions under one roof.
  • Is it compulsory to Appoint Indian Nominee Director?
    • Yes, If you are incorporating a Company ( Private Limited or Public Limited), then it is mandatory to Appoint one Indian Citizen as Nominee Director.
      We can Help you here.
  • What us DIN?
    • DIN full form is Director Indentification Number. DIN is mandatory for all individual who indent to act as a director in any Company/LLP incorporated in India. Foreign Director also required to have his DIN.
      WE Assist in taking DIN at the time of company incorporation.
  • Is it Compulsory to Open a Bank Account in India after Company Incorporation?
    • Yes within 60 days from the date of incorporation of the company. Share capital must be transferred from Each shareholders bank account to Company's Bank Account.
  • What Type of Bank Account to be opened ?
    • in Indian it is called Current Account, every Company need to open with Bank.
      We Assist here in Opening your Bank Account.
  • What is minimum number of directors?
    • Minimum 2 and Maximum 15.
  • What is minimum number of Shareholders?
    • Minimum 2 and Maximum 200.
  • Is it possible to Convert Private Limited into Public Limited later on?
    • Yes.
  • Is it possible to Convert LLP into private/Public Limited later on?
    • Yes.
  • What are the various Documents I will get after company Incorporation?
    • 1) Certificate of Incorporation, 2) PAN card (Permanent Account Number), 3) TAN, 4) MOA (Memorandum of Association), 5) AOA (Article of Association), 6) Share Certificates
  • What are the Other Service I may need after Incorporation of company?
    • 1) Filing of COB (Commencement of Business) with ROC within 180 days,
      2) Appointment of Statutory Auditor within 30 days
      3) GST Registration
      4) IEC Certificate ( Import-Export Code)
      5) Other Various Business Registrations under the laws in India ( depending on Business types/nature and Location in India)
  • What Support Services you can avail from us?
    • 1) Statutory Audit
      2) Accounting and Financial Statement maintenance
      3) Taxation Compliances ( GST, Income tax, Professional tax, etc)
      4) International Transaction Advisory and Compliances under Foreign Exchange Management Act of RBI and Income Tax Act compliance.
      5) Tax Audit, GST Audit under the Law of Income Tax and GST
      6) Few More depending on business turnover and Business Nature.
  • Which type of Entity formation is suitable for business here specially IT and E-commerce here?
    • Private Limited Company
  • Can I get Nominee Director's Service from FinTax?
    • Yes. We provide Nominee Director on annual fee. Minimum directorship fee payable for 12 months.
  • Whether FinTax team also assist in Import Export Service?
    • Yes.
  • What is Wholly Owned Subsidiary Company?
    • A Wholly Owned Subsidiary company is an entity of which 100 per cent shares are held by another company. For example, if ABC Pvt. Ltd. owns 100 per cent shares of XYZ Pvt. Ltd. Then XYZ Pvt. Ltd. becomes a wholly owned subsidiary company of ABC Pvt. Ltd.
      A Foreign Entity can hold 100% share in Indian Company. An Authorised Representative of the Foreign Entity shall act on behalf of the entity.
  • What is wholly owned subsidiary company in India by foreign company?
    • When a foreign company makes 100 per cent FDI (Foreign Direct Investment) in India through an automatic route, the Indian company becomes the Wholly Owned Subsidiary Company of that Foreign Company. Let’s say ABC Inc. USA owns 100 per cent shares in XYZ Pvt. Ltd. Then XYZ Pvt. Ltd. becomes the Subsidiary Company.

      This is possible where 100 per cent FDI is permitted and no prior approval of Reserve Bank of India is required.

      A WOS can be defined as an entity whose entire share capital is held by foreign corporate bodies. A WOS can be formed as a private, limited by shares or guarantee, or an unlimited liability company. Considering the various exemptions available to a private company limited by shares (a “private company”) under India’s Companies Act, 2013 (the “Act”), it is recommended that a WOS be established as a private company.
  • Is it possible to incorporate a company in India with Non Indian Directors/Shareholders from 2 or more countries?
    • Yes. All personal ID and Address Proof documents to be notarized and apostilled from home country.
... Read More FAQs ...
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