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Company incorporation process for US Resident

Amit Modi (Partner) (22 Points)

03 October 2019

Hi Everyone,

We have one requirement where the investor is US resident and he want to open company in india so basically i need to know what are the additional compliance or requirements.

1.Company Registration

2. foreign investment

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2 Replies

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 15 February 2020

For company registration, main requirement is to get all documents of foreign national be attested from ambassay of the foreign country where the foreign national resides which is called embossing of documents

the next step is to see CAP of investment to be made in the company and to follow the FEMA Compliances by liaising with concerned RBI.

You can have all documents and checklists from website www.corporatedrafting.com and can follow link at https://corporatedrafting.com/product-category/document/compnies/company-incorporation/private-limited-companies/

Vishal P (2 Points)
Replied 01 October 2020

Hi, first thing you will need to do is incorporate the company.

1. Company Incorporation

The best suited entity for any foreigner who wants to invest in India is a Private Limited Company. The documents of the foreign national needs to be Notarized and apostilled in that particular country.

Documents required for each director and shareholder of the company

For each Director and Shareholder:

Identity proof
- Passport copy ( mandatory for NRI and Indians with passport)
- PAN copy (Mandatory for Indians)
- In case an Indian does not have a passport:
  - Voters ID card
  - Driving License
Address proof
- Anyone of:
  - Bank statement
  - Phone bill
  - Mobile bill
  - Electricity bill

Please note that these documents should not be more than 2 months old

Notarizing and apostilling of documents: (not required for Indian resident)

Passport issued by any country other than India must be notarized and apostilled in that country
The address proof from any country other than India (effectively for foreigners and NRIs) must be notarized and apostilled in that country
Any document signed outside India must be notarized and apostilled in that country

For the registered address:

Rental agreement
NOC from the owner of the property
Utility bill

2. RBI Compliance for the foreign money that comes to India

Once the company incorporation is completed, the foreigner needs to transfer the amount in the companies bank account and once that is completed the shares will be allocated to the foreigner.

Once this above process is done, FCGPR needs to be done, in which the company secretory informs RBI about the funds received by the company. along with a CA certificate.

once these things are done - you are good to start the business.

If you need any help reach out to us at Wazzeer.com