#Common-Questions


1. How many directors are required to register a company?

Minimum of 2 directors are required to register a private limited company. Out of which one director who has stayed in India for total period of not less than 182 days in the previous calendar year (Indian resident).

For example, Mr A is an Indian resident director and Mr B is an foreign director, they both can register a company in India.

2. Does the Indian Director have to hold shares in the company?

No, Not necessary. The Companies Act 2013, states at least one director must be Indian resident but not shareholder.

For example,

Example:1

Directors
Mr A - Indian Resident
Mr B - Foreign national
Shareholders
Mr B - Foreign national (50%)
Mr C - Foreign national (50%)

Example:2

Directors
Mr A - Indian Resident
Mr B - Foreign national
Shareholders
Mr B - Foreign national (1%)
Mr C - Foreign national (99%)

3. How long will it takes for the entire registration process to complete?

It depends on the documents provided by you and the Registrar of Companies approval process. It normally takes about 20 to 25 working days.

4. What all documents are required by the foreign director?

The foreign director should provide the below documents

  1. Passport
  2. Drivers License/ Utility Bill (Bank Statement or telephone bill)
    (The utility bill should not be older than 2 months)
all the above documents needs to be self-attested and notarized from notary public.

5. What all documents are required by the foreign company investing in India?

The foreign company should produce the following documents

  1. Registration certificate
  2. Memorandum
  3. Articles
  4. Board resolution authorizing the company to invest in India.
all the above documents needs to be self-attested and notarized from notary public.

6. Is attestation mandatory?

Yes, attention is mandatory.

  1. in a country in any part of the Commonwealth, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized by a Notary (Public) in that part of the Commonwealth.
  2. in a country which is a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized before the Notary (Public) of the country of his origin and be duly apostillised in accordance with the said Hague Convention.
  3. in a country outside the Commonwealth and which is not a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity, shall be notarized before the Notary (Public) of such country and the certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (40 of 1948) or, where there is no such officer by any of the officials mentioned in section 6 of the Commissioners of Oaths Act, 1889 (52 and 53 Vic.C.10), or in any Act amending the same;
  4. visited in India and intended to incorporate a company, in such case the incorporation shall be allowed if, he/she is having a valid Business Visa.

Explanation - For the purposes of this clause, it is hereby clarified that, in case of Person is of Indian Origin or Overseas Citizen of India, requirement of business Visa shall not be applicable.

7. Do I still have to get my documents notarized if I visit India?

If you have a valid business visa, then the documents can be attested in India. We will help you with the attestation work.

8. Do I have to submit physical documents?

Yes. You can first send scanned copies of the document to us, once we have verified the documents and everything is good to go, you can courier the hard copies of the documents.

9. Should there be a registered office address in India?

In order to register the company, you need to provide us with a local address where the company will get registered. You have to submit the address proof of the place where the company is proposed to be registered. We would also need a No Objection Letter from the owner of the premise.

10. Will you also help in regulatory compliances?

We also provide services like legal consulting, accounting, audit services, payroll support. After the company is registered, you can choose to avail the services from us. The fee for these services depends on the requirements and is on case to case basis.

11. Can a foreign company start a branch office in India?

Foreign companies engaged in manufacturing or trading activities can set up Branch Offices in India after getting approval from RBI. The Branch Office should be engaged in the activity in which the parent company is engaged.

  • Export / Import of goods.
  • Rendering professional or consultancy services.
  • Carrying out research work, in areas 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 agent in India.
  • Rendering services in information technology and development of software in India.
  • Rendering technical support to the products supplied by parent/group companies.
  • Foreign airline / shipping company.

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12. Can a foreign company start a liaison office in India?

Yes, a foreign company can set up a Liaison office in India. A Liaison Office is also known as Representative Office. It can undertake only liaison activities, which is to act as a channel of communication between Head Office abroad and parties in India. It is not allowed to undertake any business activity in India and cannot earn any income in India.

Liaison Office can undertake the following activities in India:

  • Representing in India the parent company / group companies.
  • Promoting export / import from / to India.
  • Promoting technical/financial collaborations between parent/group companies and companies in India.
  • Acting as a communication channel between the parent company and Indian companies.

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