business-by-foreign-entity

Inquire for Setting Up Business By Foreign Entity !!

Steps required for Setting up Business Entity

1.

Registration of Legal Entity

2.

Apply For PAN And TAN

3.

Openning a Bank Account

4.

Apply for Import/Export Code

5.

RBI Compliances for foreign investment

6.

Obtaining GST Registration

Step 1: Name Reservation for Registration of Private Limited

The following details are required for the name reservation of a company(private limited) :

S.No Steps Remark
1. id-proof-icon Proposed company names Provide two proposed names for the Indian entity, adhering to the guidlines provided by the Registrar of Companies(ROC).
2. incorporation-docs-icon Incorporation documents of foreign entity Submit the incorporation documents of the foreign entity, including articles of incorporation and certificate of incorporation.
3. board-icon Board resolution of foreign Entity Obtain a Board Resoution from the foreign entity authorizing the incorporation of the India company, as per the format provided by the ROC.
4. notary-icon Apostille of board resolution Ensure that the Board Resolution is apostilled by the relevent authorities in the country where the foreign entity is registered.
5. register-icon Registered office details Specify the proposed state and address of the registered office of the Indian entity.
6. structure-icon Shareholding Structure Indicate teh percentage of holding of each shareholder, with a minimum of two shareholders required. If shareholders are artifical persons, provide nominee details.
7. coins-icon Captial Structure Define the authorized share capital and paid-up share capital of the Indian entity, adhering to the minimum capital requirements.
8. persons-icon Director Details Provide details of the directors, including their names, addresses, nationality, occupation and passport copies. Ensure at least one director is a resident of India.
9. notary-icon Document Apostille If any documents need to be apostilled, ensure they are duly apostilled by the relevent authorities in the country of origin.
10. open-folder-icon Additional Documentation Any Additional documentation required by the ROC or regular authorities for the registration process.

Step 2: Documents required after Name Reservation

The following documents are required after reservation of company name :

S.No Steps Remark
1. folder-icon Registered Office Proof
  • Rent agreement or lease deed for the registered office premises.
  • No Objection Certificate (NOC) from he property owner to use the premises as the registered office.
  • Any utility bill (electricity bill, water bill, or property tax reciept) in the name of the property owner or the company, confiriming the address of the registered office.
2. folder-icon Director and Shareholders Information
  • Proof of identity for all directors and shareholders:
    • Self-attested copy of PAN(Permanent Account Number) card.
    • Self-attested copy of Aadhar card (Unique Identification Number).
    • Self-attested copy of Passport or Driving License (in case foreign citizen).
    • Passport size photographs.
    • Proof of address (utility bill - Electricity bill, bank statement - not older than two months).
  • If available, Director Identification Number (DIN) for directors.
  • Details of educational qualifications and occupations of directors and shareholders.
  • Mobile No. and email ID.
3. folder-icon Digital Signatures Digital signatures of directors for filling incorporation documents electronically (if available).
4. folder-icon Object Clause of Company A detailed object clause of the company is required.

Step 3: Registration of reserved name

The following documents are required for registration of reserved name of company :

S.No Steps Remark
1. folder-icon Memorandum of Association (MoA) and Articles of Association (AoA) Draft MoA and AoA defining the company's objectives, business activities, and rules for its internal governance.
2. folder-icon Form INC-9 Declaration by each subscriber to the memorandum in the format prescribed by the Companies Act.
3. folder-icon Other Documents Depending on the nature of the company and its activities, additional documents may be required, such as:
  • Consent and declarations from directors and shareholders.
  • Certificates of incorporation or registration of foreign entities (if applicable).
  • Any other documents requested by the Registrar of Companies (RoC) during the incorporation process.

Note: Print and Apostille is required for all the above documents in the parent country and then courier them to India for the signature of the other director and Chartered Accountant so that all required documents can be filed with ROC.

Timelines

The timeline for starting a business entity by a foreign entity/individual are as follows:

S.No Steps Estimated Timeline Remarks
1. Registration of Legal Entity 4-8 weeks Depending upon document apostille in the Parent Country and courier to india
2. Apply for PAN and TAN Along with Step 1 Will be done along with Step 1
3. Opening a Bank Account 1-2 weeks Can be initiated after completion of Step 1 and 2
4. Obtaining GST Registration (if required) 2-4 weeks Can be initiated after completion of Step 1 and 2
5. RBI Compliances for Foreign Investment Varies Can be initated after step 3
6. Apply for Import/Export Code 2-3 days Can be iniriated after step 3

Note: Please note that the timelines provided are approximate and can vary based on various factors, as mentioned earlier. It's essential to coordinate closely with relevant authorities and professional advisors to ensure a smooth and timely process.

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