Private company incorporation

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CS Neha Singh (Querist)

17 December 2018 I need to incorporate a new private company, where the 51% shares would be held by an Indian promoter and 49% is to be held by a foreign company (Chinese Company). will the company Incorporation procedure be same as other private Company Incorporation or do we need extra documentation for the same? will RBI come into scenario

Nikhil Kaushik

Nikhil Kaushik (Expert)

17 December 2018 please refer to RBI circular on FDI.

Nikhil Kaushik

Nikhil Kaushik (Expert)

17 December 2018 ideally first incorporate as an Indian company with 100 percent ownership with Indian promoters. This way atleast the incorporation process won't face any additional issues. Then do the transfer of 49% shares. File FCTRS/FCGPR (depending upon how the equity is being transferred). Do the RBI compliance for foreign inward remittance and allotment/transfer of shares.

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CS Neha Singh

CS Neha Singh (Querist)

19 December 2018 Thank you for your help

Nikhil Kaushik

Nikhil Kaushik (Expert)

19 December 2018 you are most welcome Neha.

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