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India Company Registration

Starting a new company is a really big deal both emotionally and financially. Interloop Solutions & Consultancy can make it simple. Formation, EIN, legal documents. We handle everything.

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India Company Registration

Incorporation of a Company in India is a simple process. Except for very few sectors that require approval from government (Like Insurance, Defence, Telecom, Banking), 100% ownership is permitted. 

  1. Reservation of name
  2. Application for allotment of DIN (Director Identification Number)
  3. Permanent Account Number (PAN) which is the registration with the Income Tax Authority
  4. Tax Collection and Deduction Number (TAN), which is relevant when tax is to be withheld from employees, landlord or professionals
  5. Goods and Services Tax Identification number (GSTIN), which is chargeable on all revenue and against which input credit for services/purchases are claimed
  6. Employees state Insurance corporation registration (ESI) and Employees provident fund organisation registration (EPFO), which are relevant once the number of employees exceeds a certain number
PRE-REQUISITES
India Company Registration
บริการด้านการดูแลธุรกิจและองค์กร

All the documents pertaining to the foreign national and corporate shall be notarized in their country.

The nomenclature has to include activity as the second word and the last two words will be Private Limited.

Minimum 2 shareholders. Overseas corporate entity can hold all shares while 1 share can be allotted to an individual.

Minimum 2 Directors (One Resident Director mandatory). All proposed Directors need to obtain Digital Signature Certificate (DSC) for obtaining DIN. Foreign directors do not require business visa necessarily. If the Indian Director is only a nominee, it is suggested to have a nominee director agreement with the Indian Director, to avoid any confusion in the future.

The first shareholders must bring the subscribed capital to the Company within 60 days of Company Incorporation and the Company must issue share certificates to the shareholders.

Authorised capital is the defined maximum capital of the Company. This needs to be kept high to avoid changing this often.

It is suggested that all the anticipated expenses pre revenue generation be brought in as capital in one of more tranche. However it is to be noted that cross border equity investments into India require compliances, hence it is advisable to avoid too many tranches.

When the share capital is remitted this is under Foreign Direct Investment guidelines (FDI). For this reporting to Reserve Bank of India is mandatory.

Registered Office refers to the official correspondence address of the company in India. It can be a virtual office or rented property.

These have to be drafted to ensure that the Company is permitted to carry all the activities planned immediately and in the future.

i. The shareholders and directors will require to furnish below documents:

  • Proof of identity – Passport for individuals, registration certificate for non-individuals
  • Residential address of the shareholders (Any utility bill not older than 2 month)

ii. Copy of registration of the foreign body corporate along with copy of Memorandum and Articles (Regulation/Charter)

iii. Resolution passed foreign body corporate for incorporation in India along with the name of authorized representative, no. of subscription of share.

PROCESS
India Company Registration

All the documents executed / notarised / attested as per documentation requirements has to be attached to the e-Form INC-32 and 35 and has to be digitally signed with the Digital Signature Certificate (DSC) of the proposed shareholder/director.

A web-based application is to be filed for reserving the Company Name, if the name is to be reserved first before filing the documents. The name approved under RUN Process is valid for a period of 20 days from the date of approval. Company Incorporation documents are to be filed within the validity period of Company Name.

Company Incorporation Process consists of preparation and filing of the flowing E-Forms:

  • e-Form INC-32: Simplified Proforma for Incorporating Company Electronically (SPICe)
  • e-Form INC-35: Application for Goods and services tax Identification number, employees state Insurance corporation registration plus Employees provident fund organisation registration (AGILE)
POST INCORPORATION ACTIVITIES
India Company Registration
  • This requires resolution of the board of directors and then a few KYC (Know Your Customer) documents have to be submitted to the bank.
  • Depending on which bank the parent company has account in, we can decide the bank where the Indian entity can open the bank in
  • Most activities can be done using net banking
  • The Company will require IEC registration for exporting or importing goods or services
  • The Company needs trademark protection for the brands it used in India. It is suggested that the logo be registered in India
  • The Indian entity is the licensee of the brands of the parent in India, for which it can pay royalty fees.
  • Similarly, for all the expertise the parent company brings, the Indian entity can pay Fee for Technical Services
  • Royalty and Fee for Technical Services are two permissible heads under which Indian entity can remit money to the parent as per the standard India and Foreign country’s Double Taxation Avoidance Agreement
  • Tax Deduction at Source (TDS) deposit and returns, GST deposit and returns, MCA annual filings, Income Tax Returns, Statutory Audit and Transfer Pricing Audit are required activities.
  • Most companies that do not wish to hire full time internal resources outsource this to Virtual CFO firms.

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Get in touch

ThailanD

Level 3, Prasert Sutt Building 360 Sanambinnam Nonthaburi Road,
Bang Krasor, Mueang Nonthaburi,
Nonthaburi 11000 Thailand

Singapore

#23-05. International Plaza, 10 Anson Rd, Singapore 079903

Contact Us

TH Phone : +66 (0) 97 106 9113
SG Phone : +65 9102 0303
Office Phone : +66 (0) 2 007 0971
Email : enquiry@inlps.com
Line@ ID : @inlps

Our Hours

MON-FRI : 09:00 – 18:00

Get in touch

Contact Us

TH Phone : +66 (0) 97 106 9113
SG Phone : +65 9102 0303
Office Phone : +66 (0) 2 007 0971
Email : enquiry@inlps.com
Line@ ID : @inlps

Our Hours

MON-FRI : 09:00 – 18:00

Follow Us
Thailand Office

Level 3, Prasert Sutt Building 360 Sanambinnam Nonthaburi Road,
Bang Krasor, Mueang Nonthaburi, Nonthaburi 11000 Thailand

Singapore Office

#23-05. International Plaza, 10 Anson Rd, Singapore 079903

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