FAQs on Indian Subsidiary and Company Registration in India

Indian subsidiary registration in India

Jul 28, 2023 - 15:41
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FAQs on Indian Subsidiary and Company Registration in India
indian subsidiary registration

Are you a non-resident or a foreigner who wants to begin the process of registering a company in India? There may be a lot of questions that arise if you want to register an Indian subsidiary in India, and you’ll want to find out the solutions. We’ve put together a list of the Most Frequently Asked Questions here.

Q1) Our business is based outside of India. Can we launch a company in India and keep all of the equity?

Yes. We refer to it as your Indian subsidiary of a foreign parent firm. By purchasing shares of the Indian company, you can maintain 100% ownership in accordance with Indian law.

Q2) Is a resident Indian required to serve as a director of an Indian corporation?

Yes. Every firm that registers in India must have at least one director who is a resident of India. If you need assistance with this, EbizFiling will be able to provide it.

Q3) We don’t want to provide any shares to the Director who lives in India. Is that permitted?

Yes. A director does not have to be a shareholder in an Indian corporation. As we previously stated, you or a foreign corporation may continue to own a 100% stake in the Indian Company.

Q4: What is an apostille for Indian Subsidiary (Indian Company Registration) purposes?

A customized certificate that is issued by the Secretary of State is simply known by the word “apostille.” Your original document is authenticated and given an apostille so that it can be used in one of the other nations that are signatories to the Hague Apostille Convention. India has been a signatory to the Hague Convention since 2005, which did away with the need for foreign public papers to be legalized.

Additionally, a notarial attestation, a copy of a passport, a copy of a driver’s license, a business document, a judgment, or an extract from a register can all be authenticated using an apostille certificate.

Any document that has been attested in one of the 104 member nations that have ratified the referenced convention of 1961 is recognized in all 104 member countries, substantially simplifying the attestation procedure by eliminating the need to have the documents attested in each country individually.

Our team will be pleased to provide you with more information.

Q5) What paperwork is needed to register a company and open a business in India?

Ans. Here is a list of the paperwork needed to register a company in India as an Indian subsidiary:

  • picture of each shareholder and director.
  • PAN cards for each Indian shareholder and director.
  • All Directors’ IDs with an apostille (driver’s license, passport, voter ID).

Utility bills, such as an electricity bill, can serve as documentation of the Registered Office’s address.

Q6) In India, how can we register our company name?

The words “Private Limited” must be at the end of the name of a private limited corporation. The proposed company name must adhere to the Companies Act 2013’s Company Name Availability Guidelines.

For the purpose of registering a new company, there are three ways to reserve a name.

  • Name Reservation RUN

A simple web-based program called RUN (Reserve Unique Name) allows you to reserve a company name. The name authorized through the RUN Process is valid for 20 days following the date of authorization.

  • Name Reservation along with the incorporation

Through the SPICe (Simplified Proforma for Incorporating Company Electronically) incorporation process, the Company name may be reserved.

  • Utilization of a foreign company’s name or trademark

The required No-Objection letters must be provided to the Registrar together with additional documentation if the proposed company intends to utilize the name or trademark of the foreign body corporate. These letters must be in the form of board decisions or official authorization.

We will assist you in securing a name for your Indian business. Additionally, as an Indian Subsidiary, you can continue using the name of your Parent Company. After all, you put in the effort to build a solid reputation around it. Is it not?

Q7) Can a non-resident serve as a director of an Indian company?

Ans. Yes. A minimum of two directors are required for an Indian corporation, one of whom must be an Indian resident. On the board of a company incorporated in India, more than one individual may be a foreign director.

Q9) What paperwork does a foreign director need to incorporate their firm (register their company) in India?

Ans. The documentation needed for a foreign director to register a company in India are listed below.

Identity proof: a copy of your passport Additional identity proof: a driver’s license or national identification card Address proof: a recent utility bill (such as a phone or electricity bill) or a bank statement.

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