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.Read More
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1. Advisory to Foreing Client;
1A. Any amount of Capital;
2. Application for 2 Director Identification Numbers;
3. Application of 2 Digital Signatures (validity 2 years);
4. Name Approval;
5. Drafting of Memorandum and Articles of Association;
6. Drafting of other additional documents;
7. Preparation of various eforms;
8. PAN & TAN Application
9. Resubmission of eforms, if any;
10. Obtaining Certificate of Incorporation from Registrar
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.
> 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
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|
|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|