Register a Company

Introduction

Nowadays, many foreign companies are investing in India because India is a developing country and its economy is growing. The Prime Minister of India launched many schemes so foreigners can easily fund in India. In India, Companies are governed by the Companies Act of 2013, which allows foreign residents to open a company in India and comply with Indian Laws. As you know, India has a huge market and a vast population, making it a more significant market globally. So, in India, anyone can generate massive profits, so many foreign companies are investing in India and creating enormous benefits for, e.g., Samsung, Xiaomi, and Vivo.

This Article talks about the Registration of a Company in India from the USA; this Article will give you an idea about the Registration of a company in India and how a foreigner can invest in India or incorporate a company in India. If you are thinking of starting a company in India from the USA, then the first thing you have to do is Market Research and do the proper planning so that you don’t have to face any legal problems in the future. Market Research is essential for you to find a hot trend in the market; you will see the cost of production and know how to sell your products and generate profit.

What are the Conditions for incorporation of the Company?

You musmust follow India's rules and regulations and meet all legal requirements. You have to check the limit of FDI (Foreign Direct Investment) because there are sectors divided by authorities and every industry has limits, so you have to check the limit for investing in India, e.g., if you want to open a business in India and that requires 51% ownership from India then your limit for investing is only 49%. So, you should comply with the rules and regulations of FDI. Even if you apply for Partnership Registration, it uses the same rules as the above.


How to Register a Company in India

Registration of a Private Limited Company in India is easy, and the procedure of Incorporation of a Private Limited Company can be done through online Mode, for which you have to sign up on the official portal of the Ministry of Corporate Affairs. You have to fill in some required details, and then you can sign up for your account with the Ministry of Corporate Affairs. You have to follow the procedure for the Registration of a company.

  • The first step for Company Registration is getting a DSC, which means the Digital Signature Certificate. You have to apply for the DSC of the proposed Director. For this, you have to refer to the MCA portal. You have to fill out the form and attach some required documents. After successfully submitting your submission, you will get DSC. 
  • DIN is also important to document for Registration. DIN means Directors' identification number, and you can apply online Mode. 
  • Then you have to apply for a name reservation for your Company. You can use this through WEB-RUN services, and name reservation is essential for Registration because your Company will be registered under that name, and you cannot copy another Company’s name. You Can reserve your company name on this link http://www.mca.gov.in/mcafoportal/runService.do


Then, you can file your incorporation form; during the filing of the form, you have to attach the required documents, complete and fill in all the necessary details, and submit your Memorandum of Association and Article of Association to the Ministry of Corporate Affairs. After successfully submitting your application, you will get your incorporation certificate.

Required Documents during Registration

  • Passport
  • Driving License from Issuing Country
  • Social Security Number
  • Photographs
  • A copy of a Valid Business Visa issued to a foreign national
  • A Resident Permit issued by the Indian Embassy

Conclusion

If you are a foreign resident and want to start a business in India, consider the above-given points; this will help you. Apart from the above Company Registration, you also need the mandatory tax registration, i.e., GST Registration. When discussing annual compliance, you must file the ROC Returns with the GST Return Filing. Check here about How to File a GST Return.

In India, the government decides which sector a foreign resident can invest in and how much he can invest, so you have to get permission from the Indian Government and comply with the rules and regulations of the Government. The process of incorporation of the Company in India is natural; you can apply through online Mode, for which you have to visit the official website of the Ministry of Corporate Affairs. The registration process is above, given that you have to follow that procedure for your registration. So, considering starting a business in India, consider the above points.