Incorporation of company with foreign directors

This query is : Resolved

Shobhit Jain (Querist)
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22 January 2022 Linked filing of eMoA and eAoA is not acceptable in this scenario. Please provide apostilled MoA and apostilled AoA as attachment to the SPICe form.

2.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.

Got these queries while incorporating pvt company with foreign directors,pls guide how to respond to same

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)
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12 July 2024 Certainly! Here’s how you can respond to the queries you received while incorporating a private company with foreign directors:

### Query 1: Linked filing of eMoA and eAoA is not acceptable in this scenario. Please provide apostilled MoA and apostilled AoA as attachment to the SPICe form.

**Response:**
Dear [Authority/Official],

Thank you for your query regarding the incorporation process for our private company. We understand the requirement to provide apostilled Memorandum of Association (MoA) and Articles of Association (AoA) as attachments to the SPICe form.

To comply with this requirement, we will arrange for the apostillation of both the MoA and AoA documents at the earliest. Once apostilled, we will submit these documents along with the SPICe form as per your instructions.

Please let us know if there are any specific guidelines or procedures we should follow for the apostillation process, and we will ensure compliance accordingly.

Thank you for your assistance in facilitating this process.

Best regards,
[Your Name]
[Company Name]
[Contact Information]

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### Query 2: As per rule 13(5) of the Companies (Incorporation) Rules, 2014, Business visa of foreign subscriber 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.

**Response:**
Dear [Authority/Official],

Regarding your query concerning rule 13(5) of the Companies (Incorporation) Rules, 2014, we acknowledge the requirement to provide documentation related to the visa status or OCI/PIO status of our foreign subscribers or authorized representatives.

We are in the process of obtaining the necessary documents, including copies of business visas or OCI/PIO certificates with stamps indicating arrival in India, for the foreign directors involved in our company incorporation.

We assure you that these documents will be submitted along with the SPICe form as required by the regulations. Should you require any additional information or specific formats for these documents, please do not hesitate to inform us.

Thank you for your guidance and support throughout this process.

Best regards,
[Your Name]
[Company Name]
[Contact Information]

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### Additional Tips:
- **Timely Communication**: Ensure prompt and clear communication with the authorities to avoid delays in the incorporation process.
- **Document Verification**: Double-check all documents for accuracy and compliance with the specified requirements before submission.
- **Follow-Up**: After submitting the responses, follow up with the authorities to confirm receipt and address any further queries promptly.

By responding comprehensively and proactively to these queries, you demonstrate your commitment to compliance and smooth processing of your company’s incorporation with foreign directors.

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