FDI Company /Wholly owned subsidiary (WOS) formation
is Just a Click Away
You can now register your company in India vide a simple process.
Our team of experienced professionals will assist in incorporation and approvals from RBI and ROC for your WOS
You just need to fulfil the 4 point checklist and leave the rest to ONE STOP
FDI Company / WOS in India
A Foreign National (other than a citizen of Pakistan or Bangladesh) or an entity incorporated outside India (other than entity incorporated in Pakistan or Bangladesh)can invest and own a Company in India by acquiring shares of the company, subject to the FDI Policy of India.Investment and acquisition of equity shares of a Company can be broadly divided into two categories: investment under automatic route and investment under Government approval route. The automatic route requires no requirement of any prior regulatory approval for investment in equity shares of an Indian businessbut a formal reporting to RBI is necessary within 30 days of capital infusion.Foreign Direct Investment of upto 100% is allowed under the automatic route in most activities/sectors in India.Investment in activities / industries where automatic route is not available can be made with the approval of the Government under the Government Approved FDI method
4 Point Requirement Checklist
Check FDI Limit
Limited Company is allowed upto 100% in most sectors. Only a very few sectors require prior Central Government approval for investment by foreign company or foreign national.
The directors/shareholders visiting India for signing documents must be on a Business Visa. If not, then all documents must be legalised/ attested .
One Director of the company must be resident in India. A person is said to be resident if he or she stays in India for at least 182 days during the preceding financial year irrespective of their citizenship. The days of stay can be in phases.
Attestation / Apostille
All documents of foreign origin and those executed in a foreign territory need to be legalised by way of apostille by Consulate of Indian Embassy or attestation by Foreign Public Notary.
Steps for FDI Company Formation
Stage 1 : Preparation
Check applicability of Automatic or approval based limits
Most of the sectors are now covered under Automatic route for FDI. However there are few sectors where it is restricted and in some sectors FDI is completely prohibited
Documents from Parent Company
What differentiates the FDI Company formation and Indian Company formation is the need to notarise/ legalise/ apostille documents . The parent company must provide documents mentioned above. A detailed discussion with our team will enable you to get exhaustive list of requirements at this stage and guidance on legalisation of documents
Drafting Government forms and documents
Once the basic documents are received from parent company, our executives will work on drafting initial documents like declarations as per Companies Act, MOA, AOA depending on the case
Legalisation of documents
All documents which are originating from foreign country / signed / executed I mnforeigncountry must be legalised through Indian Embassy / apostilled in accordance with Hague Convention. For legalisation in India, the person must be in India on Business VISA in which our team can help you.
Stage 2 This is the actual stage of incorporation of company
Obtain DSC of all Directors
The Information Technology Act, 2000 has provisions for use of Digital Signatures on the documents submitted in electronic form. Under e-Governance program, all applications to the registrar of companies are filed in digital format authenticated by the digital signature of the proposed shareholders and directors as the case may be. Hence obtaining DSC becomes a pre requisite for incorporation process
Name approval of the company
File incorporation documents including MOA/ AOA
After the name is approved, MCA has introduced one go step for incorporation through SPICe 32 form . We will file for DIN , registration of address , first directors and MOA/ AOA simultaneously with this form.
Various duly executed documents including affidavits & declarations from Directors Indian as well as foreign ,need to be filed in compliance of Companies Act and Rules.
Obtain certificate of incorporation
The Central Registration Centre (CRC) processes the application and if found the details / documents are in order, the Central Registrar of Companies shall register the Company and issue the following
Obtain PAN / TAN
PAN, or permanent account number, is a unique 10-digit alphanumeric identity allotted to each taxpayer by the Income Tax Department under the supervision of the Central Board of Direct Taxes. Its used as a universal identification key to track financial transactions that might have a taxable component to prevent tax evasion. Anybody who earns a taxable income in India, including foreign nationals who pay taxes here must apply for PAN.
Bank account opening
After company incorporation, the Bank A/c has to be opened, wherein the FDI (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.
RBI Approvals and intimations
RBI must be informed in Advance Reporting Form on receipt of subscription money FC- GPR must also be filed with RBI post allotment of shares. Both require certification from a professionals in this regard
From Holding Company
- Certificate of Incorporation & AOA/MOA or Charter Document
- List of Shareholders and Director of the foreign company
- Board Resolution Approving incorporation of a Company in India
- Power of Attorney in the name of Authorised Representative
Proof of Registered Office
- Premises Proof (Ownership Papers/Electricity/Water/Gas Bill)
- No Objection Certificate (NOC) from the owner of the premises.
From Indian Director
- PAN Card
- Address Proof (Utility Bill/ passport)
- Adhaar Card
- Residence Proof( Utility Bill not more than 2 months old/ bank statement)
- 2 colour photographs of each Director
From Foreign Director
(All documents notarised / apostilled)
- Passport and its translated copy
- Address Proof( Bank Statement/ driving license) and its translated copy
- Residence Proof (Utility Bill) and its translated copy
- 2 colour photographs of each Director