FOREIGN COMPANY REGISTRATION

Foreign Company is a company as per Sec 2(42) of the Companies Act 2013 defines a foreign company is any company or body corporate incorporated outside India which has registered place of business in India whether by itself or through an agent, physically or through electronic mode and conducts any business activity in India in any other manner.

A foreign company can enter the market of India and set up business operations in India as Indian Company and as foreign company and it requires 2 minimum shareholders. 100 percent foreign direct investment is allowed in private limited company or limited company or where no Central Government permission is required.

Further, to register the Indian subsidiary of foreign company, an authorized representative must be appointed by the company, who shall be responsible for registration process and all the communication with the MCA in this regards.

A place of business in India is required to serve as the registered office of the Company. The city in which the registered office address of the company will be setup will also determine the legal jurisdiction applicable for the company.

List of documents required for Foreign Company Incorporation in India

• Pan of All Directors
• Address (Including City, State, Pin code, Country)
• Occupation
• Aadhar Card (Mandatory)
• Copy of Passport as a proof of identity and copy of Electricity bill/ Telephone bill / Bank Statement / Driving License as a proof of address.
• Class-2 Digital Signature.

Procedure For Registering Foreign Company in India

• Obtain DSC for all the Subscribers of the Company
• Apply for DIN for all the Directors of the Company
• Application for Name
  • Atleast 3-4 name should be proposed
  • Name shouldn’t be Identical to any of the Existing companies or registered Trademarks. If the proposed name is based on a registered trademark or is subject matter of an application pending for registration under the Trade Marks Act, then approval shall be attached of such owner of the registered trademark or the applicant of such trade mark for which application for registration is pending.
  • Name Should not be prohibited under Emblems and Names Act,1950
    After applying for name it must be approved by registrar, it takes 2-3 days for the review and to get approval.
• After the Approval of name Registration of Company Process Started

As Name get approved further filling procedure is required to be submitted to Registrar by the promoters

• Share Capital to be introduced. Minimum Share Capital is Rs. 2
• Main objects of the Company. In the form of MOA & AOA
• Declaration From First Directors and First Subscribers
• Nature of the Business

Registered office proof(Any of the following)
The Registered document of the title of the premises of the registered office in the name of Company.

The notarized copy of lease/rent agreement in the name of the company along with a copy of rent paid receipt not older than one month:

The authorization from the land lord to use the premises by the company as its registered office or No Objection Certificate.(Mandatory in case of rented or leased)

I. Utility bill (not older than 2 months).