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Q. Foreign company registration

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Harab Rasheed

posted 1 year ago

Q.Foreign company registration
We are a Dubai based company with business across GCC. We are planning to setup a back end operations office in Hyderabad with about 3 to 5 employees in the first 6 months and about 10 employees after 1st year. The nature of operations will be digital marketing for all of our businesses and the campaigns will be run all over the world as per our target markets including India. We will also hire real estate sales agents in the near future who will make sales pitches to Indian resident clients to sell properties in Dubai and other parts of the world. We do not intend to sell Indian properties at this point in time. All payments by property buyers will have to happen in Dubai and the India office will not collect any payments. We want to keep the Indian arm only as a cost centre.

Our knowledge and plan is as follows and I want your expert advice on the same:

1. Register a Pvt Ltd company with 1 indian resident director and 1 NRI director or 2 Indian resident directors (We have people who can act as directors for us officially but the Dubai office will run the show unofficially)
2. The directors will have 100% share holding officially but Dubai office will be the 100% share holder unofficially (We trust these people so no issues here)
3. The Indian Pvt Ltd company will provide services to the Dubai company and treat the Dubai company as a client.
4. The India company will invoice Dubai company only as much as their expenses so that no profit is generated and hence no corporate tax will be applicable
5. There is no service tax or any other form of GST for providing services to a foreign company
6. The Dubai office will also sell the digital marketing services to other businesses not owned by the Dubai office (external clients) in Dubai, including Indian clients but that will not reflect in the books of the India company.
7. The advantage of such a setup is that registration cost of company is less, annual compliances are simpler and cheaper and setup of operations maybe faster.
8. We intend to take 100% share officially in this India company after a few years.
9. The Dubai company will also engage real estate agencies based in India to become our channel partners on a commission sharing basis. We want you to draft a standard channel partner agreement for the same.
10. The importance of having the right and valid commercial office address to register a Pvt ltd and GST license.
11. What is the criteria for GST registration?
12. Does a setup like ours require a GST registration?
13. Can I register a Pvt Ltd in Kerala with a commercial office address and open the office in Bangalore?

Request you to validate the above understanding and let us know if this is a good approach, if not then why and which is a better approach and why.

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Rajender Prasad

Experience: 5 Year(s)

Responded 9 months ago

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A. ) you have mentioned incomplete facts. . However,For details, contact some advocate through vidhikarya.com

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Prabhakara S K Shetty

Experience: 19 Year(s)

Responded 1 year ago

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A. ) You have already consulted this matter over conference call with me and got the necessary feed back even through e mail.

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Viswanath M K

Experience: 5 Year(s)

Responded 1 year ago

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A. ) Dear friend, you have to contact a chartered accountant to assist you in setting the business up. A competent CA would assist you in all ROC and tax related compliance.

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 1 year ago

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A. ) Better way to consult with best lawyer of business law. Or you can approach to vidhikarya lawyer for better resolution on your query.

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Ambrose Leo

Experience: 9 Year(s)

Responded 1 year ago

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A. ) You have a good business perspective plan .I am Well Versed and qualified practicing High Court Advocate in Maharashtra & Goa and karnataka.If you have a proposal to Start a Office or Pvt ltd company then you can contact me through the Vidhikarya for immediate action in line with your plans.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 1 year ago

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A. ) Come on paid consultation.

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Namitabh Kothari

Experience: 19 Year(s)

Responded 1 year ago

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A. ) You can have registered office in Kerala and branch office in Bangalore.

You have raised number of queries, we need to discuss in detail.

VIDHIKARYA will surely help you to prepare the Channel Partner agreement and other legal advise and support

Kindly contact VIDHIKARYA for further discussion.

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Rajeev RJ

Experience: 17 Year(s)

Responded 1 year ago

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A. ) So you wanted to open a marketing office in India which will be subsidiary to your parent company. For that purpose your need to register a Pvt. company with a registered office India then you can apply for GST registration also.

Regards

Rajeev
RJ Associates
Trivandrum
Kerala

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