Article answers some of FAQs on Indian Subsidiary and Company Registration in India for a non-resident or a foreigner wanting to get started with company registration in India? Here we have made a compilation of the Most Frequently Asked questions.
Q1) We are a company operating outside India. Can we start a business in India and retain 100% of ownership?
Ans. We call it an Indian Subsidiary company of Foreign Parent Company of yours. Indian Laws allow you to retain 100% ownership by subscribing shares of Indian company.
Q2) Do we need a resident Indian to be a director in an Indian company?
Ans. Every company to be registered in India must have at least one Indian resident individual as a director.
Q3) We do not wish to allot any shares to Indian resident Director. Is that allowed?
Aes. It is not necessary that a director should also be a shareholder in Indian Company. As we said earlier, you as a foreigner or foreign company can retain 100% ownership of Indian Company.
Q4) What is an apostille?
Q5) What are the documents required for starting a business in India and registering a Company?
Ans. Here’s a list of required documents for Indian Subsidiary:
Q6) How do we register our business name in India?
Ans. The name of a Private Limited company shall end with the words ‘Private Limited’. Proposed Company Name shall comply with the Company Name Availability Guidelines under Companies Act 2013.
There are THREE ways for reserving a name for a New Company.
RUN (Reserve Unique Name) is an easy and web-based application for reservation of a Company Name. The name approved under RUN Process is valid for a period of 20 days from the date of approval.
The Company name can be reserved through SPICe (Simplified Proforma for Incorporating Company Electronically) incorporation process.
If the proposed company is going to use the name/trademark of the Foreign body corporate, required No-Objection letters by way of board resolutions/formal authorisation has to be submitted to the Registrar along with other documents.
We will help you to secure name in India for your Indian Company. What’s more, you can retain your Parent Company’s name as Indian Subsidiary’s. After all, you have done all the hard work generating great reputation around it. Isn’t it?
Q7) Can a non-resident be a director of an Indian Company?
Ans. Yes. An Indian company must have at least two directors (one of them must be Indian Resident director). You can have more than 1 person as Foreign Director on Indian Company’s board.
Q8) What are the documents required for a foreign director for incorporation of the company in India?
Ans. Following are the documents required for a foreing director for incorporation of the company in India.
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