Article explains Documents/Information needed to Form an Indian Company under Companies Act, 2013 and same includes Documents required from client’s end, Document required In case of Body Corporate/Company acting as Subscriber cum shareholders in Indian Company and Documents that require to be drafted and filed as per Laws in India towards Company Registration.
Documents required from client’s end:
| In case of Indian Subscribers and/or Directors: | In case of Foreign National acting as subscriber and/or Directors: |
| Directors’ Identification Number (DIN), if already obtained from Registrar of Companies in India
1 Colored photograph Copy of valid PAN Card Copy of valid Aadhar Card/Passport Copy of Address Proof such as Telephone Bill / Mobile Bill/Electricity Bill / Bank Account Statement must be in the name of foreign national and should not be older than 2 months. Valid Mobile Number Valid Email ID |
Directors’ Identification Number (DIN), if already obtained from Registrar of Companies in India
1 Colored photograph Copy of valid Passport Copy of Address Proof such as Telephone Bill / Mobile Bill/Electricity Bill / Bank Account Statement must be in the name of foreign national and should not be older than 2 months. Valid Mobile Number Valid Email ID |
In case of Body Corporate/Company acting as Subscriber cum shareholders in Indian Company:
1. Copy of Certificate of incorporation.
2. Copy of Memorandum and Articles of Association.
3. Board resolution of the existing company authorizing for shareholding in the proposed company.
4. Coy of PAN Card of Company, in case, the Subscriber Company is registered in India.
Documents that require to be drafted and filed as per Laws in India towards Company Registration:
Along with the documents as mentioned above, the following mentioned documents shall also be prepared and filed with the Registrar in order to file the application for Company Registration.
1. Consent to act as a Director in form DIR 2.
2. Form INC 9 regarding offences in connection with formation/promotion of Company.
3. Declaration for non-acceptance of public deposits.
4. PAN undertaking, in case of foreign national / foreign body corporate.
5. Memorandum of Association of proposed Indian Company containing the main business activities and capital clause of the Company.
6. Articles of Association of proposed Indian Company containing the bye-laws, rules and regulations of the Company.
Important Note:
♦ All the documents mentioned above shall be notarized by notary public in home country and shall be apostilled/ consularised, as the case may be, in case of Foreign National acting as Director and/or subscriber or in case of Body Corporate acting a shareholder/subscriber in an Indian Company.
♦ If a foreign national is present in India on Business Visa, then all the documents requires self-attestation instead of notarization and apostillation/ consularisation.
♦ In case of Indian Nationals, self-attested documents would suffice.
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About the Author
Author is Divya Goel, ACS working as Assistant Manager- Company Secretary with Neeraj Bhagat & Co. Chartered Accountants, a Chartered Accountancy firm helping foreign companies in setting up business in India and complying with various tax laws applicable to foreign companies while establishing their business in India.
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