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FDI Company Registration in India

India is a liberalized economy where most of the sectors are open for foreign investment. We have a rich experience of over 35+ years in delivering high-quality professional tax and regulatory services to foreign corporations and individual investors in India. Team KDS Tax Adviser welcomes you to invest in India’s growth.

Important Conditions for FDI in a Company

Check FDI Limit

Check FDI Limit

Most of the sectors are open for foreign direct investment in India under the automatic route, without any prior approval for incorporation of the company. Please refer to the latest RBI Notification or Press Note.

One Resident Director

One Resident Director

One director of the company must be an Indian Resident. A person is said to be a resident when he/she stays in India for at least 182 days during the previous financial year. The stay can be completed in many trenches.

Business VISA

Business VISA

If the foreign signatory arrives in India on a business visa, then his documents can be attested easily in India; otherwise, the document would require legalization by Indian embassy or through the Apostille.

Attestation / Apostille

Attestation / Apostille

All documents of foreign origin and those executed in a foreign territory need to be legalized by way of attestation by Indian high commission or through apostille in terms of Hague Convention.

Stepwise Process of FDI Company Registration

  •   DIN for 2 Directors
  •   Digital Signature for 2 Directors
  •   Company Name Approval
  •   MOA + AOA Drafting
  •   Incorporation Certificate

  •   PF + ESIC + PT Registration
  •   Copy of Spice Plus Form as approved
  •   Company ePAN Card
  •   Company TAN/TDS Number
  •   Bank A/c Opening Document Support

Stepwise Process of FDI Company Registration

Documentation For Incorporation

Perhaps the most critical aspect of setting up a company from overseas shareholding is correct documentation and legalisation. After we receive the complete set of basic documents we shall draft declarations as required under the companies act, 2013, Memorandum of Association (MOA), Articles of Association (AOA) and other documents as may be required on a case to case basis.

Legalisation or Attestation of Documents

All documents originating from a foreign country or which is signed/executed in a foreign country is required to be legalised. The attestation can be done either through the Indian Embassy or to be apostilled as per Hague Convention. However, in case the foreign person comes to India with original documents on a Business Visa, then attestation can be done in India.

Digital Signature of Shareholders/Directors

A Digital Signature (DSC) is the equivalent of physical or paper signature under the information technology act. As per the new process, all applications to the Registrar of Companies (ROC) are filed in digital format which needs to be authenticated by the digital signature of the proposed shareholders and directors as the case may be. The filing process starts with the issue of digital signature for all the promoters.

Name Reservation of Company

The name of the proposed Company must be unique and should not resemble any existing company, LLP, Trademark or any other business. The subsidiary of a foreign company can have the name of a foreign Company with India as a name.

Company Incorporation By the ROC

After the Name Approval of the Company, the application for incorporation is filed with the MOA, AOA, ID & Address Proof of Promoters and the proof of registered address with NOC from the owner of the premises. The application for company registration is processed at Central Processing Centre at Manesar (Near Our Delhi Office) and after approval results in the issue of the Certificate of Incorporation, which is conclusive proof of the registration of the Company.

Approach Banker for Account Opening

After company incorporation, the Bank A/c has to be opened, wherein the foreign direct investment must reach within 180 days of incorporation of the company with advance intimation to Banker. Please note that the new company can not start any of its business activities unless the capital has been received in India.

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Frequently Asked Questions

Documentation For Incorporation

Perhaps the most critical aspect of setting up a company from overseas shareholding is correct documentation and legalization. After we receive the complete set of basic documents we shall draft declarations as required under the companies act, 2013, Memorandum of Association (MOA), Articles of Association (AOA), and other documents as may be required on a case to case basis.

Legalisation or Attestation of Documents

All documents originating from a foreign country or which are signed/executed in a foreign country are required to be legalized. The attestation can be done either through the Indian Embassy or to be apostilled as per Hague Convention. However, in case the foreign person comes to India with original documents on a Business Visa, then attestation can be done in India.

Digital Signature of Shareholders/Directors

A Digital Signature (DSC) is the equivalent of a physical or paper signature under the information technology act. As per the new process, all applications to the Registrar of Companies (ROC) are filed in digital format which needs to be authenticated by the digital signature of the proposed shareholders and directors as the case may be. The filing process starts with the issue of digital signatures for all the promoters.

Name Reservation of Company

The name of the proposed Company must be unique and should not resemble any existing company, LLP, Trademark, or any other business. The subsidiary of a foreign company can have the name of a foreign Company with India as a name.

Company Incorporation By the ROC

After the Name Approval of the Company, the application for incorporation is filed with the MOA, AOA, ID & Address Proof of Promoters, and the proof of registered address with NOC from the owner of the premises. The application for company registration is processed at Central Processing Centre at Manesar (Near Our Delhi Office) and after approval results in the issue of the Certificate of Incorporation, which is conclusive proof of the registration of the Company.

Approach Banker for Account Opening

After company incorporation, the Bank A/c has to be opened, wherein the foreign direct investment must reach within 180 days of incorporation of the company with advance intimation to Banker. Please note that the new company can not start any of its business activities unless the capital has been received in India.