Indian Subsidiary

Indian Subsidiary

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Now a days lots of foreign company are interested to start their operations in India and make a grip into one of the world largest and fast growing market, and get access to some of the best human resources in theentire world. A Foreign National (other than a citizen of Pakistan or Bangladesh) or an entity incorporated outside India (other than entity incorporated in Pakistan or Bangladesh) can make investment and own a Company inside India by acquiring shares of the company, subject to FDI Policy of India. In addition, among all the director thereis minimum of one Director who is a Indian Director and Indian Resident is required for incorporation of an Indian Company along with an address in India.Investment and acquisition of equity shares of a Company can be broadly divided into two categories: investment under automatic route and investment under Government approval route. The automatic route requires no requirement of any prior regulatory approval for investment in equity shares of an Indian business and only post facto filing/intimation with the Reserve Bank of India within 30 days of receipt of investment money in India and filing of prescribed documents and particulars of allotment of shares within 30 days of allotment of shares to foreign investors. Foreign Direct Investment of up to 100% is allowed under the automatic route in most activities/sectors in India. Investment in activities / industries where automatic route is not available can be made with the approval of the Government under the Government Approved FDI method.

Advantages

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Separate Legal Entity

A company having its own legal entity and a juristic person established under the Act. Therefore a company form of organization has wide legal capacity and can own property and also incur debts. All the director are not liable for the company debt

Easy Transferability

Shares of a company is limited by shares are easilytransferable by a shareholder to any other person. By Filing a share transfer form and hand over the shares document to the buyer.

Owning Property

A company having its own legal entity and legally acquire, own, enjoy and alienate, property in its own name. All the shareholder are not able to claim upon the property of the company so long as the company is a going concern.

Uninterrupted Existence

A company has 'perpetual succession', that is continued or uninterrupted existence until it is legally dissolved. A company, being a separate legal person, is unaffected by the death or other departure of any member but continues to be in existence irrespective of the changes in membership.

Foreign Direct Investment

Government of India allowed 100% Foreign Direct Investment (FDI) in many sectors through various typeof business entity without any prior Government approval. In Proprietorship or Partnership, LLP requires prior Government approval for FDI.

Document required

  • Identity proof of all director(pan for Indian director and passport for foreign director)
  • Address proof of all director( Aadhar card and voter id card for Indian director and for foreign director driving license, passport or electricity bill or bank statement)
  • Proof of business premises in India and proof of Head office (rent agreement or electricity bill or lease deed or legal document or NOC form landlord or etc.)
  • Signed incorporation document.
  • Scanned copy of Incorporation certificate issued by the respective foreign government (LLC/ INC) (duly notarized by the Indian embassy).
  • A Resolution from LLC / INC for opening a subsidiary company in India. (duly notarized by the Indian embassy).