Indian Citizens, who are holding Indian Passport, immigrated to any other country for six months or more are known as “Non Resident Indian”.
The Government of India on various times encourages investment in Indian soil from NRIs. This has created great deal of opportunities for NRIs in India. Private Limited Companies are the most popular model for business in India due to its ease of registration and other legal requirements.
A Private limited company can be started with minimum of 2 shareholders and with a maximum limit of 200 shareholders. Although NRIs can be director in a Private Limited Company with or without investment in company but at least one of the directors of the company need to be a resident in India to form a company.
Where a NRI becomes a director in a Private Limited Company in India, his/her ID proof and address proof must be apostilled by Consulate of Indian Embassy or attested by Foreign Public Notary depending upon whether country is the member of Hague convention or not.
Please make note that if the person belongs to country which is not the member of Hague convention then all the KYC documents need to be apostilled by Consulate of Indian Embassy. If the person belongs to the country which is the member of Hague convention then all the KYC documents can be provided after attestation by Foreign Public Notary.
Minimum 2 director, Maximum 15
Minimum 2 and Maximum 200 shareholders
Directors and Shareholders may or may not be the same persons
One Director must be an Resident Indian
Minimum capital requirement is NIL
DIN of the directors
Digital Signature of subscribers and directors
Description of proposed business activity in few words
4 proposed names for company in order of preference
Authorized and Paid up capital & sharing proportion of subscribers
DIN (Director Identification numbers) of all directors
DSC (Digital Signature) of all directors and subscribers
Self attested PAN Card copy of directors and subscribers
Self attested ID Proofs of all directors & subscribers (Driving License/Voter ID/ Passport)
Self attested address proof of directors & subscribers (Utility Bill/ Bank Statement/ Bank passbook copy)
Passport size color photo of directors in JPEG format
NOC from owner of premises or Rent/ Lease agreement (if leased/ rented)
Utility bill in name of owner not older than 2 months
Occupation and educational qualification, place of birth and nationality
Duration of stay at present residential address of directors and subscribers
Mobile no. and email id of directors and subscribers
Verification of documents provided by you
Application for Name Approval (online RUN WEB Application on MCA Portal)
Obtaining DSC (Class-2) and DIN as required above. However, in new companies DIN can be obtained within SPICe + facility for upto 2 directors
Incorporation of company along with filing of e-MOA and e-AOA
Providing you Certificate of Incorporation
Filing of Commencement of business certificate after 180 days (separately chargeable)
DIN for 2 directors
DSC of 2 directors/ subscribers
Name approval of company- RUN WEB FORM/ SPICe+
Memorandum of Association/ Article of Association of Company (e-MOA/e-AOA)
Certificate of Incorporation
Mandatory PAN of Company (e-PAN Card)
Mandatory TAN of Company (e-TAN letter)
Mandatory ESIC/EPFO Registration (using new SPICe+ form)
Professional Tax Registration (in case of Maharasthra)
Mandatory Opening of Bank Account
GST Registration (if required)
Shop and Establishment Registration (Chargeable separately)
At least two individual directors are required in a private company, at least one of whom should be a resident in India.
Under the Companies Act, 2013, every company shall have at least one director who stays more than 182 days in India in the financial year.
No, NRI/ Foreign Nationals are not eligible to form OPC in India.
Yes, there is no restriction regarding the place where a company can be registered. Only requirement is that you must be having valid address proof in respect of such address and proper NOC from the owner/ Rent Deed.
The subscribers to MOA need to deposit share capital to the bank account of the company within 2 months from the date of incorporation.
SPICe + forms have been brought into effect from 15th February, 2020 for Company Registration in India. It is an advanced version of SPICe. SPICe+ connects 3 central ministries and provides 10 services on a single platform.
The company is required to hold one Annual General Meeting (AGM) and at least 4 board meetings (one in each quarter). Further, the accounts and financial statements must be audited by an independent auditor who is a qualified practicing CA. A Private Limited Company is required to file form AOC – 4 and MGT – 7 as part of Annual Compliance within the prescribed deadlines.
Yes, NRI or foreigners can hold shares in a Private Limited Company subject to FDI guidelines.
Documents Required:
Note: In case of foreign director, all documents as above to be notarized/apostile in home country
Documents for proposed registered office:
Other Info. of directors & subscribers :
Building professional community with a vision.