The incorporation and registration of companies in India are governed by the Companies Act, 1956.
Both Indians & foreign nationals are able to incorporate a company in India and foreign nationals may hold up to 100 % equity in many sectors. However, in the case of foreign direct investments that do not fall under the automatic approval route, foreign investors do require the approval of either the Foreign Investment Promotion Board (FIPB) or the Reserve Bank of India (RBI)
Foreign companies that qualify for automatic approval are only required to report to RBI within 30 days of receipt of foreign equity/allotment of shares.
The Director Identification Number (DIN) and the Digital Signature Certificates(DSC) for all company Directors must be obtained prior to applying to the Registrar of Companies.
Memorandum and articles of association make up a company’s main legal documents and must be filed with the Registrar of Companies as part of the incorporation process. The memorandum of association includes a company’s name, its authorized share capital, its aims and information regarding its first members, while the articles of association clearly lay out the rules and regulations that guide the company’s operations. Once all required documentation has been approved and the stamp duty has been paid, the Registrar of Companies will issue a company’s Certification of Incorporation. Shares must be expressed in a fixed amount and shares to be subscribed must be in Indian Rupees. Companies are required to hold an annual general meeting (AGM) once per financial year
At its Annual General Meeting, a company must appoint a fully independent auditor to audit its accounts. The auditor appointed must be qualified under the terms of the Institute of Chartered Accountants of India Act, 1949.
We offer a wide array of services that facilitate a smooth and successful company incorporation process, including:
Managing the company formation and registration process E-filing of all documentation Ensuring full compliance under the Companies Act, 1956
Obtaining the Director Identification Number (DIN) Acting as a liaison between you and the Registrar of Companies
Obtaining all required approvals from the Foreign Investment Promotion Board or Reserve bank of India in cases where the investment is not eligible for automatic approval
We guide your company from formation to full functionality by ensuring registration with all pertinent authorities including Sales Tax/VAT Authorities and the Income Tax Department.
Application with Sales Tax Authorities Obtaining Registration Certificate (RC) E-Filing and submission of sales tax return with tax authorities Obtaining all necessary forms for inter-state sales and stock transfers Representation before Sales Tax Authorities for assessments
We understand that your time is valuable and our corporate services allow you to invest it where it counts. Our corporate solutions include:
Consultation regarding company law Preparation of documentation and maintenance of company registers. Assistance in share transfers Filing of your annual returns.
Please contact us for more information on how our services can optimize your company incorporation process.