How an NRI get Company registration in India
Hemlata Khandelwal / 2021-05-06 11:26:34How an NRI get Company registration in India?
Before knowing the company registration process for NRI in India:
Why India is the right place to start a business?
India is the most useful place to start business for NRIs. India's economy is currently in group of fast growing economies of world and has been a developing country for decades. India is a promising destination for starting a new business. Currently the manufacturing sector is booming and supported by huge skilled and cheap labor, consumption demand remains strong and hence, investors are attracted to company registration in India and investment in the country.
Not only this, but to create India a collocation for "ease of doing business", the government has always tried to make it easier not only for Indian residents but also for NRI. The foreign (F) investment ( I) promotion (P) board (B) has been created by the MCA for NRI's to ruin all difficulties while doing business in India and to secure glib for all probable foreign investors.
How an NRI get an online company registration in India to do business?
Following are ideal business structures through which NRIs get the company registration for doing business in India:
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Private Limited company
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Limited liability partnership
However, in the case of Non-Resident Indians' (NRI) get a registration of a PLC in India may be considered an ideal business that can be incorporated in India.
What are the reasons to choose a Pvt. Ltd. Company in India?
Reason for NRI to get a Pvt. Ltd. Company Registration in India
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This company can be go-off with at least two shareholders.
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It could be said for the NRI’s that the best company for them is Private limited companies are because of their requirement of capital and legal.
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Complying with a Private Limited company is much easier than a public limited company.
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There is no need for previous permission from the legitimate or the RBI to direct foreign investment into a private limited company.
Pre-requisites for Pvt. Ltd. Company Registration in India
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It requires 2 directors
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2 shareholders required
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An office address in India. (One of the directors should be a resident of India)
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To become an Indian company director, one has to obtain a Directors Identification Number (DIN) and a Digital Signature Certificate (DSC). Mostly the forms which are filed and signed by ROC with digital signature.
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Proof of identity, proof of address also Indian origin documents are required through NRIs to get registration of a public and private limited company. All the required/necessary documents must be (signed) with all investors and gazette.
Company registration Regulations for NRIs by FEMA:
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To make investment in India easier, the government allowed NRIs as approved Investment institutions according to notified regulations under the FEMA, 1999.
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According to the present FDI / FEMA law in India, NRIs include persons who have the citizenship of Indians but residents out from India for some reason like work, and any other.
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NRIs can either buy the shares of the company in India or make an investment in the previous company/entity summand and get register a new/fresh business/merchandise in the Indian country.
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FEMA Rules are describing in the FEMA (Transfer of a person by an Outside Indian person) Regulations 2017 for NRI's who wishing to register their business and invest in India like a company in India.
How an NRI can have to take a company registration in India?
Company registration in India for NRI:
The process is online for a Pvt. Ltd. Company registration in India. The MCA has replaced the form SPICe with a new/fresh form called SPICe +. Therefore, now it is too easy to involve a PLC.
Now you can join a Pvt. Ltd. Company with a singular application for protection of a company name, registration of a company, allocation of DIN , Permanent account number, TAN, provident fund, ESIC, Tax of profession (Maharashtra), and bank account opening.
There has two parts of Form SPICe+:
- Part A: Apply for the reservation of a company name in Part-A of Form Spice +. It can also be used to take the introduced name of company for approval and to file the company registration.
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Part B: In Part B of the form Spice +, apply for the following services.
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Registration of a company
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Allocation of DIN
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It is to be compulsory to havea PAN
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It is to be compulsory to havea tan
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It is to be compulsory to havea EPFO ??registration
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It is to be compulsory to haveaESIC registration
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It is to be compulsory to have a tax registration (Maharashtra)
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Make bank account mandatory for the company and
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Allocation of GST REGISTRATION (if applied for)
You can either submit Part-A to reserve the name of the company and then you can be submitted the Part B for NRI company registration in India and other services or you can join a fresh company and take the advantage of the bouquet of services as above For, part A and B can be filed together in one part.
The required Documents for NRI's company registration in India.
Proof of nationality
- (Pan card)
Proof of identity
- Passport
Proof of residence
- Bill of electricity
- Bank account statement
- Drivinglicense
Registered office proof
- Bill of electricity
- Gas bill
- Postpaid mobile/Phone bill
- Water bill
- No objection Certificate from the property/premises owner.
In case of signing from outside India
All the required and necessary documents must be attested and notarized, including M-O-A andA-O-A, and the document of Director's Identity and the proof of Address, permanent account Number Undertaking from the appropriate authority.
Care of duty on dividends earned by NRIs for company incorporation in India.
In the case dividends paid to the shareholder who are the NRIs, the rates depend according to the section 195 of the IT Act.
The withdrawal for the tax rate of 20% has been provided in the act of Finance Act (with some extra exercisable and cess) for dividends paid to NRIs.
However, where the shareholder who is an NRI is a resident of legitimacy with India has to part into a Double Taxation Avoidance Agreement, and it is to be liable for the non-resident to benefit from the DTAA provisions to which it is referred; there has a fixed. The dividend will apply to tax in the respective DTAA.
