Procedure for Applying
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Planning to Start a business in India:
Sterling Tax Partners is having team of expert professional C.A., C.P.A, Cost Accountant, C.S., Lawyer that will ensure all legal formalities has been taken care with complete due diligence for starting a business in India.
Our expert team would help to make the decision for structure (Subsidiary company in India, branch office in India or liaison office in India or join venture in India) that a foreign Company need to choose while starting up the business in India. We are here to make your process smooth and ease your business. Shift all your tension to us. Entire process for registration of foreign subsidiary in India take 20-25 working days.
Formation of Subsidiary of a Foreign Company in India
The Subsidiary of a Foreign Company in India is either wholly or partially owned by another foreign company. Its name is either similar to holding company or can be different. However, its legal identity for compliance purpose is treated separately. However, if you are looking for Company registration of foreign subsidiary in India, our sterling tax team will advise you on different structure that a foreign Company can open in India.
Requirements for Company registration of Foreign Subsidiary in India
- Number of Shareholders: The minimum number of shareholder required for Foreign subsidiary registration in India are two for private company and seven for public limited Company.
- Maximum shares held by the parent foreign company: For company registration of subsidiary of foreign company in India, the parent can either wholly own or partially own its shares. If the parent company owns all 100% of the subsidiary’s shares, it’s a wholly owned subsidiary. However, if the parent company owns more than 50% of the subsidiary’s shares but less than 100% , it’s a partially owned subsidiary. If parent company does hold less that 50% of share then its not to be said as subsidiary Company.
- Number of Directors: Company registration in India requires a minimum of two directors, while a Public Limited Company must have at least seven directors on board.
- One Resident Director: Directors in an Indian subsidiary can be of Indian or foreign origin. However, it is essential to have one India director.
- Registered Office in India: For Company registration in India, a subsidiary company of a foreign entity must have a registered office in India to operate legally.
- Capital Requirement:There is minimum capital requirement of INR 1,00,000 prescribed under the company Act in India. Capital investment can be look from perspective that how much expenditure and revenue is planned in next one year. Our expert at Sterling would help to guide about that initial capital investment.
Foreign Company and proposed Company in India
- Name of the Proposed company in India (2 name preference)
- Authorised share capital: Minimum capital in case of Private Company is of INR 1,00,000
- Percentage of holding by shareholder
- Brief object of the Company
- Certificate of Company registration of foreign Company should be apostilled and notarised in foreign Company. If certificate of Company registration is not in English language, first get convert into English language through official converter.
- MOA and AOA of proposed company to be prepared, notarised and apostilled in foreign Company
- Registered address of proposed company in India along with address proof, utility bill not older than 2 months and no objection certificate from owner
Directors and authorized Signatory
- Name
- Address (Present and Permanent both)
- Phone no
- Email ID
- Educational qualifications
- Occupation
- Place of birth
- Photograph
- Period of stay at present office
- Digital Signature issued in India
- Passport of authorised signatory in case of foreign nation: Make sure to be translated in English through official converter if not in English and post that, should be notarised and apostilled in foreign Country
- Proof of residence (Bank Statement/utility bill/mobile number) of authorised subscriber not older than 2 months in case of foreign nation: Make sure to be translated in English through official converter if not in English and post that, should be notarised and apostilled in foreign Country
- PAN/ Aadhaar/Driving license in case of Indian nation.
What we offer in incorporation of Subsidiary of foreign Company:
- Name Approval
- Certificate of incorporation
- AOA & MOA
- PAN registration
- TAN registration
- Digital Sign of Directors
- DIN of Directors
Process of Incorporation of Subsidiary of Foreign Company
Name Approval:
First our expert team at Sterling Tax Partners would help to apply for name approval and help for drafting of all required documents.
Document Preparation:
Post name approval, our team would help to draft the documents meticulously and tailored to the requirements of law so that no director is able to misuse his power.
- Memorandum of Association
- Article of Association
- Consent of directors in DIR-12
- Subscriber sheet.
File the application for Company Registration:
Our expert at sterling, would help to file application for Company registration. Department will verify the authenticity of documents and may ask some further query. Our expert team would help to get sort these queries after discussion with authority and client.
Issue of Certificates:
Once the application is approved, you will receive a Corporate Identification Number (CIN) issued by the Registrar. The PAN and TAN of the company will also be issued and received simultaneously. The next step after company registration in India is obatining GST certification and opening of Bank Account etc. We also help for opening of Bank Account and quick GST registration.
Frequently Asked Questions
1. What are the requirements to be a Director?
2. Is an office required for starting a Private Limited Company?
3. How long will it take to incorporate the Subsidiary of Foreign Company?
4. Can NRIs/Foreigners hold shares of a Private Limited Company?
5. Whether all directors of subsidiary Company can be non-India resident?
Why only Sterling !!
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Dedicated Customer representative available 24 Hrs to help you with any difficulty.
Simple and Easy
You don’t need to worry at all. We handle all the complexities on your behalf.
On-Time Delivery
We respect your time. Passion drives us. Our services will reflect the same.
100% Transparency
We believe in empowering you. We make sure you are up to date on the progress.
Customer Priority
Dedicated Customer representative available 24 Hrs to help you with any difficulty.
Simple and Easy
You don’t need to worry at all. We handle all the complexities on your behalf.