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Can a foreign company or foreign national own or start a business in India?
Yes, a foreign company or foreign national can own or register a company in India by acquiring equity shares of the company. Investment in a Company can be under two routes, automatic route or Government approval route. The automatic route requires no requirement of any prior regulatory approval for investment in equity shares of an Indian business and is allowed in most the businesses.
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Can a foreign national be the Director of an Indian company?
Yes, foreign nationals can be Directors of an Indian company after obtaining a Director Identification Number. A Director Identification Number for a foreign national can be obtained by applying for the same with the Ministry of Corporate Affairs.
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What are the requirements for starting a business in India?
For a foreign national or foreign company to start a Company in India, the foreign National must have an address for a Registered Office in India and one Director on the board, who will be an Indian Citizen and Indian Resident.
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I am a foreigner wishing to start a business in India, Do I need to visit India? If I wish to visit India for my business, what is the Visa requirement for foreigners in India?
You do not need to visit India for starting a business in India. You can complete the incorporation process for your business in India from any part of the world. However, If you wish to visit India for your business, You will require a valid business visa for a foreigner which may be valid from 6 months to 2 years.
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What are businesses in which foreign nationals or companies can’t invest?
Foreign investment in India in any form is prohibited in businesses engaged or proposing to engage in the following business:
i) A business of chit fund; or,
ii) Nidhi Company; or,
iii) Agricultural or plantation activities (excluding floriculture, horticulture, development of seeds, animal husbandry, cultivation of vegetables, mushrooms, etc., under controlled conditions, services related to an agro & allied sector and tea plantations); or,
iv) Real Estate business, or construction of farm houses (Does not include the development of townships, construction of residential/commercial premises, roads or bridges); or,
Trading in Transferable Development Rights (TDRs).
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Can NRIs or Foreigners hold shares of a Private Limited Company?
Yes, NRIs / Foreign Nationals / Foreign Companies can hold shares of a Private Limited Company subject to Foreign Direct Investment (FDI) Guidelines.
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What is the Director Identification Number (DIN)?
Director Identification Number is a unique identification number assigned to all existing and proposed Directors of a Company. It is mandatory for all present or proposed Directors to have a Director Identification Number. Director Identification Number never expires and a person can have only one Director Identification Number.
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How many shareholders are required to incorporate a private limited company?
To incorporate a private limited company, a minimum of two shareholders are required. A minimum of two shareholders and a maximum of up to 200 shareholders are allowed in a private limited company. The shareholders could be natural persons or companies, including foreign companies.
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How many directors are required in a private limited company registration in India?
A private limited company must have a minimum of two Directors and can have up to a maximum of fifteen Directors.
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What is the capital required to register a company in India?
You can start a Private Limited Company with any amount of capital. However, a fee must be paid to the Government for issuing a minimum of shares worth Rs.1 lakh [Authorized Capital Fee] during the incorporation of the Company. There is no requirement to show proof of capital invested during the incorporation process.
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Do you have to be present in person for company registration process in India?
No, you will not have to be present in India for the firm or company registration process in India.
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I can not find my preferred currency on your website to pay. What should I do?
We accept PayPal payments in your desired currency. You may drop an email with your brief details and we will send you a quick payment option over email.
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Can a foreign company be a shareholder of a subsidiary company in India with 100% shares?
Yes, a foreign Company can become a Parent company of the Indian Subsidiary holding 100% shares. Indian Laws allow you to retain 100% ownership by subscribing to shares of Indian companies.
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What are the responsibilities of directors and owners of the company we will register?
The owners will not have any responsibilities. However, the Directors of the company will have responsibilities to run the operations and ensure adherence to Indian laws. Also, a director’s duties include:
i) determining and implementing policies and making decisions
ii) preparing and filing statutory documents with the Companies Office or other agencies
iii) calling meetings, including an annual meeting of shareholders
iv) maintaining and keeping records
v) binding the company to contracts with suppliers, lenders, and others dealing with the company
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If we register one kind of company in India, can we change the type of it in the future?
Yes, if at one point in time you register your business as a particular type say for example as a Private Limited Company, you can change the type of the company in the future. However, such a change can take place only after the completion of a minimum period of one year.
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How long does the whole process of company registration in India take?
The Whole process of Company registration would take around 30-60 days subject to Ministry’s approval.
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Do we need to register for GST? What are the conditions for compulsory registration of tax numbers?
The companies that are dealing in Import export business will require the GST registration. Moreover, the Companies whose turnover exceeds INR 40 lakhs will require to register for GST.
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What is the Tax advisory session included in your Ultimate package?
It is a tax consultancy session that will be conducted by our tax expert to guide you through all applicable compliances and filings required by your company in India. You can ask your specific tax queries and expect a resolution in the same session. The expert will also navigate you through transfer pricing laws in India and records that an Indian company is required to maintain in India, in accordance with Indian laws.
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How long do the import and export licenses take? How long is the validity period of it?
Generally, it takes 3-4 working days for the Import and export licenses to come and it is valid for life lifetime.
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Does an Indiana subsidiary company need an auditing service? Does your company have an auditing service?
Yes, the Indian subsidiary company would need an Auditing service. We, at Ebizfiling have highly qualified professionals who take care of our client’s Audits.
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What are the secretary services of Ebizfiling include? Such as the submission of government reports, the sending of letters, etc.
We at Ebizfiliing have a secretarial compliance package that would serve all your requirements. Our retainership package will take care of it.
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I have already paid Ebizfiling for forming an Indian subsidiary. However, my plans for a venture set up in India have been canceled. Would I get a refund?
Yes, you are eligible for a full refund subject to the deduction of government fees that have been paid on your behalf. If we have not started working, you are eligible for full refunds. No questions asked!
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Which countries do you provide your services to?
Ebizfiling.com provides Company Registration all across the world. You can obtain Company Registration from USA, UK, Malaysia, China, Japan, Dubai, Taiwan, Canada, or any other countries.
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Still, have confusion?
Don’t worry!! Our expert will help you to choose a best suitable plan for you. Get in touch with our team to get all your queries resolved. A dedicated Company Secretary will explain to you how to register a company In India, what are the costs associated with it, and the process of investing in India. Write us at info@ebizfiling.com or call us at @+91 9643 203 209.