Set up your Private Limited Company in India with the right director structure. INR 29999/- only.
Get expert support for OCI documentation, DSC, DIN and complete incorporation filing..
OCI Director | Indian Director | Company Incorporation
Register a private limited company with an OCI director where the proposed structure includes 1 OCI director and 1 Indian director. Get assistance with director KYC, DSC, DIN, name reservation, SPICe+ incorporation, MOA, AOA, PAN, TAN, and applicable post-incorporation filings.
Yes. A private limited company can be incorporated with one overseas citizen of India cardholder and one Indian national as directors.
A private company requires at least two directors. However, the nationality of the directors is not the same as the resident-director requirement. At least one director must stay in India for at least 182 days during the financial year. For a newly incorporated company, this requirement applies proportionately for the financial year in which it is incorporated.
Therefore, having one Indian national as a director is not by itself sufficient if that person does not meet the applicable stay requirement. The OCI director can also satisfy the resident-director requirement if the required stay in India is met.
A private company must also have at least two members or subscribers. The directors and shareholders may be the same individuals, but they do not have to be.
This service is designed specifically for companies where an OCI holder is involved as a proposed director and, where applicable, as a subscriber or shareholder.
SPICe+ provides incorporation, DIN allotment, and company PAN/TAN through an integrated filing process. Up to three proposed directors of a non-producer company can apply for DIN through the incorporation form, so both proposed directors in this structure can be covered where they do not already hold DIN.
Depending on the selected service scope and legal applicability, assistance may also cover:
Important: GST registration is not automatically mandatory merely because a private limited company has been incorporated. GST registration depends on the nature of supplies, applicable registration provisions, or voluntary registration. MCA also identifies GSTIN through SPICe+ as an optional service that can be applied for.
A common seal is also not a statutory requirement merely because the entity is incorporated. The Companies (Amendment) Act, 2015, made the common seal optional.
An OCI person’s appointment as a director does not by itself create an FDI reporting obligation.
Foreign investment rules become relevant when the OCI holder also subscribes to or acquires shares and the investment falls within FEMA provisions applicable to a person resident outside India.
OCI Investment on Repatriation Basis
Where an issue of equity instruments to a person resident outside India is treated as Foreign Direct Investment, applicable entry route, sectoral limits, conditions, and RBI reporting must be reviewed.
Where the issue is reckoned as FDI, the Indian company is generally required to report the issue in Form FC-GPR within 30 days from the date of issue of equity instruments.
OCI Investment on Non-Repatriation Basis
An NRI or OCI can make specified investments in an Indian company on a non-repatriation basis under the applicable framework. Investment complying with Schedule IV is treated as domestic investment for foreign investment purposes. Certain restricted activities remain excluded from this route.
Because the treatment changes according to the investment structure, the OCI holder’s role as director, subscriber, and shareholder should be identified before incorporation documents are prepared.
For investment-specific assistance, see Ebizfiling’s Foreign Direct Investment services.
Planning to incorporate a private limited company with an OCI director and one Indian director? Get expert assistance with OCI documentation, resident director requirements, DSC, DIN, incorporation filings, and applicable FEMA considerations.
Build the right company structure from the start and complete the incorporation process with proper documentation and compliance support.
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Email: info@ebizfiling.com
At least two persons must subscribe to the memorandum to incorporate a private limited company in India.
The company must have at least two directors, including an OCI cardholder and an Indian national, where applicable.
At least one director must meet the prescribed India residency requirement, with proportionate relief for a new company.
The company must maintain a registered office in India for receiving notices and completing required statutory verification.
The proposed activity must be legally permitted, with FEMA and foreign investment rules reviewed where the OCI holder invests.
There is no statutory minimum paid-up capital, but suitable capital should be selected based on the business and shareholding.
Documents for the OCI Director
Documents for the Indian Director
Registered Office Documents
Complete KYC details
Obtain DSC and DIN
Reserve Company Name
File SPICe+
Complete Incorporation Filings
Ebizfiling can assist with:
Yes. The Companies Act does not restrict a director merely because the individual is an OCI cardholder or foreign national. The proposed director must satisfy applicable director eligibility requirements and obtain DIN and DSC where required.
Yes. A private company requires at least two directors. This structure can therefore work, provided at least one director also meets the resident-director requirement under Section 149(3).
No. The test is based on the director’s stay in India, not nationality. At least one director must stay in India for at least 182 days during the financial year, subject to proportionate application for a newly incorporated company.
Yes, if the OCI director meets the required number of days of stay in India. Section 149(3) focuses on physical stay in India rather than citizenship.
Not in every case. MCA has clarified that PAN is mandatory for a foreign national where the individual is required to possess PAN under income-tax law. Where PAN is not legally required, passport details and the applicable declaration may be used.
Yes, a person appointed as a director must hold a valid DIN. Where the proposed director does not already have DIN, it can be applied for through the incorporation process. SPICe+ permits DIN applications for up to three proposed directors of a company other than a Producer Company.
It depends on where the overseas director resides and where the documents are executed. MCA guidance distinguishes between Commonwealth countries, Hague Apostille Convention countries and other countries for document authentication.
No. Directorship and shareholding are separate roles. However, a Private Limited Company must have at least two members or subscribers at incorporation.
No. FC-GPR is linked to an issue of equity instruments that is reckoned as foreign direct investment. Merely appointing an OCI individual as a director does not by itself trigger FC-GPR.
The investment route should be reviewed under FEMA based on the investor’s residential status, repatriation basis, business sector and other applicable conditions. Non-repatriation investment by an OCI under the applicable Schedule IV framework receives different treatment from repatriable foreign investment.
No. Company incorporation does not automatically make GST registration compulsory in every case. GST registration should be obtained where required under GST law or where the company chooses eligible voluntary registration. GSTIN through the SPICe+ framework is optional if applied for.
For a newly incorporated company having share capital to which Section 10A applies, a director must file the commencement declaration within 180 days after the subscribers have paid the agreed share value.
No. A common seal is optional under the Companies Act. It may still be provided as an administrative item where included in a selected service package, but it should not be represented as a mandatory incorporation requirement.
There is no statutory minimum paid-up capital requirement merely for forming a Private Limited Company. The proposed authorised and subscribed capital should instead be selected according to the business, ownership and investment structure.
Yes. Ebizfiling can assist in reviewing the proposed shareholding structure, identifying the relevant investment route and supporting applicable reporting such as FC-GPR where the issue qualifies as FDI. Government or RBI-related acceptance remains subject to the applicable law and regulatory process.
Set up your Private Limited Company in India with the right director structure. INR 29999/- only.
Get expert support for OCI documentation, DSC, DIN and complete incorporation filing..
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