Company incorporation spice eform error

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This query is : Resolved

Sachin Kumar (Querist)

12 December 2019 We had received following resubmission in Spice form:

As per rule 13(5) of the Companies (Incorporation) Rules, 2014, Business visa of foreign susbcriber or foreign authorised representative should be attached or Overseas Citizen of India (OCI) or Person of Indian Origin(PIO) certificate should be attached with stamps of arrival in India.

We are incorporating subsidiary.
Holding company is incorporated in india.
There is one foreign national national of China who is authorised representative of holding company who is subscriber. Foreign national is resident in India India. Foreign national is also director in holding company.
we had attached foreign national PAN, bank statement depicting indian address and his stay visa visa in Spice form.

Please tell what should be attached to remove the error in spice...?

Sachin Kumar

Sachin Kumar (Querist)

12 December 2019 SPICE came with following resubmission: As per rule 13(5) of the Companies (Incorporation) Rules, 2014, Business visa of foreign susbcriber or foreign authorised representative should be attached or Overseas Citizen of India (OCI) or Person of Indian Origin(PIO) certificate should be attached with stamps of arrival in India. We are incorporating subsidiary of holding Indian company.There is one foreign national who is authorised representative of holding company. Rule 13(5) says where subscriber to the memorandum is a foreign national residing outside India. In our case subscriber is company. Authorised representative is on employment visa in india and also resident in India and also director in holding company. We had attached his employment visa. Why MCA is demanding business visa..?