Company Registration
9 months ago
I have come back to India after 5 years without a single visit inbetween. I run a business in the country outside India and am a tax payer, it's a seperate legal entity. Now I am interested in setting up an office in India as a LLP. I have all the needed kyc updated. Question.Can I open the company in India as a seperate legal entity with being partner/ director and extend the business need to the India office.
A.Dear client,
We are presuming you are a foreign national.
As a foreign national, you can open a company in India and be a partner or director of that company. India allows foreign individuals and entities to set up businesses in the country under the Foreign Direct Investment (FDI) policy and other relevant regulations.
To open a company in India, you can choose from various business structures, such as a private limited company, limited liability partnership (LLP), or a branch office. Each structure has its own advantages and limitations, so it's essential to understand the specific requirements and regulations for each type before proceeding.
Here's a general outline of the steps you would typically need to follow to open a private limited company as a foreign national:
Obtain Digital Signature Certificate (DSC): You and the other proposed directors will need to obtain a DSC, as many documents required for company registration are filed online with digital signatures.
Obtain Director Identification Number (DIN): Each director of the proposed company must obtain a DIN from the Ministry of Corporate Affairs (MCA).
Name Approval: You need to apply for the company name with the MCA. The name should be unique and not similar to any existing company or trademark.
Incorporation Documents: Prepare the necessary documents, including Memorandum of Association (MoA) and Articles of Association (AoA).
File Incorporation Application: File the incorporation application with the Registrar of Companies (RoC) along with the required documents and registration fees.
Obtain Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN): After incorporation, apply for PAN and TAN for the company.
Open a Bank Account: Open a bank account in the company's name to conduct business transactions.
Registration for Goods and Services Tax (GST): If your business turnover is expected to exceed the threshold limit, you need to register for GST.
Comply with other applicable laws: Depending on your business activities, you may need to comply with other laws, such as the Shops and Establishment Act, labor laws, etc.
Regarding extending the business needs to the India office, as a partner or director, you can play an active role in the management and decision-making process of the company. You can oversee and participate in the company's operations, expansion, and business strategies in India.
We are presuming you are a foreign national.
As a foreign national, you can open a company in India and be a partner or director of that company. India allows foreign individuals and entities to set up businesses in the country under the Foreign Direct Investment (FDI) policy and other relevant regulations.
To open a company in India, you can choose from various business structures, such as a private limited company, limited liability partnership (LLP), or a branch office. Each structure has its own advantages and limitations, so it's essential to understand the specific requirements and regulations for each type before proceeding.
Here's a general outline of the steps you would typically need to follow to open a private limited company as a foreign national:
Obtain Digital Signature Certificate (DSC): You and the other proposed directors will need to obtain a DSC, as many documents required for company registration are filed online with digital signatures.
Obtain Director Identification Number (DIN): Each director of the proposed company must obtain a DIN from the Ministry of Corporate Affairs (MCA).
Name Approval: You need to apply for the company name with the MCA. The name should be unique and not similar to any existing company or trademark.
Incorporation Documents: Prepare the necessary documents, including Memorandum of Association (MoA) and Articles of Association (AoA).
File Incorporation Application: File the incorporation application with the Registrar of Companies (RoC) along with the required documents and registration fees.
Obtain Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN): After incorporation, apply for PAN and TAN for the company.
Open a Bank Account: Open a bank account in the company's name to conduct business transactions.
Registration for Goods and Services Tax (GST): If your business turnover is expected to exceed the threshold limit, you need to register for GST.
Comply with other applicable laws: Depending on your business activities, you may need to comply with other laws, such as the Shops and Establishment Act, labor laws, etc.
Regarding extending the business needs to the India office, as a partner or director, you can play an active role in the management and decision-making process of the company. You can oversee and participate in the company's operations, expansion, and business strategies in India.
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