How Can NRI and Foreign Nationals Register a Company in India? Legal Guidance
- Published On: 18/06/2021 12:00 am
NRIs and foreign nationals can register their companies in India.
Because of its booming economy and abundance of capital, India is a popular investment destination for NRIs, foreign nationals, and foreign companies. India is one of the world’s fastest expanding markets, with lots of investment opportunities in the coming decades. Global investment in India is at an all-time high, and with regulatory changes and an investor-friendly climate, it is expected to increase even further. In this context, we discuss the steps that an NRI, a foreign national, or a foreign company must take to invest in, launch, operate, and develop a business in India.
Registration of a business
Foreign nationals and NRIs must always invest in or create a Private Limited Company or Limited Company in India. Foreign Direct Investment (FDI) into India is only permitted via the automatic route for business companies such as a Private Limited Company and a Limited Company. NRIs and foreign nationals are not permitted to invest in or create a proprietorship, partnership, or one-person company in India, and FDI in LLP is subject to Reserve Bank of India approval.
As a result, a Private Limited Company is the best option for NRIs and foreign nationals looking to invest or launch a business in India. If there are more than 7 partners in the business, a limited partnership will be formed by a foreign promoter, and the company would need to collect equity funds from a number of shareholders. A Limited Company can have up to 200 shares, while a Private Limited Company can have an infinite number of shareholders. When opposed to a Private Limited Corporation, Limited Companies are subject to more strict regulatory filing requirements.
What are the basic requirements for a foreign national entering India?
Foreign nationals entering India must have a valid passport issued by their home country, as well as a valid Indian visa.
How will NRIs shape a company in India?
NRIs and foreign nationals may invest in or start one of the following businesses:
Foreign nationals and non-resident Indians are not authorised to invest in or create a proprietorship, partnership, or one-person company in India. The Reserve Bank of India must approve FDI in LLP before it can be implemented.
What requirements does a foreign national need to be a director?
- As most forms are submitted online, the directors must develop and record a digital signature.
- Digital signatures can be collected by paying payments electronically and can be extended once the validity period has expired.
- A foreign national or NRI must request a self-attested and notarized copy of his or her passport, as well as an address verification (driver’s licence, electric bill, or residence card) to receive a Digital Signature Certificate.
Director Identification Number (DIN)
- A person must first obtain a DIN and a Digital Signature Certificate in order to become a Director of an Indian Company.
- A DIN is a one-of-a-kind number allocated by the government to a person serving as a business director.
- It is obtained by making an application on Form – DIR 3 in compliance with Sections 153 and 154 of the Companies Act, 2013.
- After paying the necessary fees, the form must be digitally signed and attested by a Company Secretary.
For an international holding firm, additional documents are needed.
- Resolution of the Board of Directors for Investment in India
- Certificate of Incorporation of an International Holding Firm
- Declaration in the name of the Corporation (INC. 9)
- Both Authorised Signatory’s KYC documents
Participation of the stock market
The Indian Company’s shareholding may be owned by a foreign national or foreign corporation, subject to Indian FDI regulations. A Private Limited Company must have a minimum of two shareholders and a maximum of two hundred shareholders, according to the Companies Act of 2013. The procedure for a foreign national or foreign corporation to own shares in an Indian company is easy since the Reserve Bank of India requires 100 percent FDI in many sectors in India under the automatic path.
Can all of the directors of an Indian company be foreign nationals?
According to the Companies Act of 2013, an Indian company’s board of directors must have at least one resident director. A resident director is an Indian person who has lived in the country for at least 180 days in a calendar year.
What are the compliance requirements after registering a private limited company?
Following the registration of the company, the following tasks must be completed:
- Obtain a PAN (Permanent Account Number), also known as a tax account number (TAN)
- Open a bank account with a local or multinational bank of your choice.
- Compliance with the Goods and Services Tax Act
- Register under Shops & Establishments: In a few states, registration is dependent on location.
In India, how are businesses classified for tax purposes?
Companies can be classified as follows for the purposes of calculating taxation under the Income Tax Act:
- Domestic Company: A domestic company is one that is listed under the Companies Act of India, as well as one that is registered in another country but has its control and management based entirely in India (includes private as well as public companies)
- Foreign Company: This company is not registered under the Indian Companies Act and has ownership and management outside of the country.
What tax obligations do non-residents have when they earn dividends?
- Taxes on dividends paid to non-resident owners must be deducted at the current rates set out in Section 195 of the IT Act.
- The Finance Act mandates a 20% withholding tax limit on dividends paid to non-residents (plus applicable surcharges and cess).
- However, if the non-resident shareholder is a resident of a country with which India has signed a Double Taxation Avoidance Agreement (DTAA) and is entitled to benefit from the terms of the DTAA, the withholding tax rate specified in the applicable DTAA for taxing dividends would apply.
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