A Foreign Subsidiary is a company in a form of private limited company that has non-resident body corporate shareholder holding more than 50% of the paid up capital of such company.
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Call : +91 844-844-0306A Foreign Subsidiary is a company in a form of private limited company that has non-resident body corporate shareholder holding more than 50% of the paid up capital of such company.
> MOA, AOA & COI of foreign holding Company, attested by director of that company duly translated in English, if not in English language & Certified by Indian Consulate
> If the documents are signed outside India, then the same have to be notarized by a Public notary of the residence country and consularized or apostilled by the competent authority, as the case may be.
> If the documents are signed in India, then copy of Visa and stamped passport, proving his/her presence in India at the time of signing is required.
> Proof of Registered office address (Conveyance/ Lease deed/Rent Agreement/Maintenance Bill)
> Copy of the utility bills of the registered office (Electricity Bill/Telephone Bill not older than two months).
Directors / Shareholders
> PAN Mandatory- Indian National / Passport – Foreign National
> Proof of Identity – Voter Id/Passport/Driving License
> Proof of Address (Electricity Bill/Bank Statement/Telephone Bill/Mobile Bill not older than 2 months)
*All documents for Indian National – To be self-attested
*All documents of Foreign National – To be self-attested & apostilled
Note:
Foreign Subsidiary also need to comply with the Foreign Exchange Management Act, 1999 rules and regulation before making an investment/incorporation in/of subsidiary company in India
All requirements remains same as incorporation of Private Limited Company, except one shareholder who shall be Body Corporate & NR and hold more than 51% of paid up capital of such company.
Obtain Digital Signature Certificate (DSC)
Prepare SPICe+ form (Part A – Name availability and reservation request)
Prepare SPICe+ Part B form (Company information i.e. directors, capital etc.)
Prepare e-form SPICe+ MOA (INC-33) ,SPICe+ AOA (INC-34) and SPICe+ AGILE-PRO (INC-35)
Download all the e-forms prepare online and affix DSC on all the e-forms.
Attached the require documents with form SPICe+ and upload the e-forms to MCA portal.
Verification of documents / forms by RoC
Issue of Certificate of Incorporation by RoC
Factors of Comparison | Private Company | Public | One Person Company | Limited Liability Partnership | Partnership | Sole Proprietorship |
---|---|---|---|---|---|---|
Capital | Min: INR 1 & Max:No Limit | Min: INR 1 & Max:No Limit | Min: INR 1 & Max:2 Crore | Min: INR 1 & Max:No Limit | Min: INR 1 & Max:No Limit | Min: INR 1 & Max:No Limit |
Director | Minimum 2 | Minimum 3 | Minimum 1 | - | - | - |
Shareholder | Minimum 2 | Minimum 7 | Minimum 1 | - | - | - |
Designated Partner/Parter | - | - | - | Minimum 2 | Minimum 2 | - |
Taxation | 30%(25% if turnover does not exceed 250 Crore) | 30%(25% if turnover does not exceed 250 Crore) | 30% | 30% | 30% | As per Slab Rates |
Statutory Audit | Compulsory | Compulsory | Compulsory | If Contribution exceed INR 25 Lacs; If Turnover exceed INR 40 Lacs | Not Required | Not Required |
Investor Preference | High | Low | Low | Medium | Very Low | Very Low |
Compliance Cost | Mdeium | High | Low | Low | Low | Low |
Regulator | Registrar of Companies | SEBI/Registrar of Companies | Registrar of Companies | Registrar of Companies | Registrar of Firms | - |
Time take for Registration | 5-7 working days | 5-7 working days | 5-7 working days | 20-25 working days | 10-12 working days | 5-7 working days |