Foreign Direct Investments

India is one of the most progressive countries in the world which possesses immense human potential and a huge market comprising of 1.2 billion people. Looking at the huge market in India and the immense potential which lies here, there has been a huge amount of Foreign Direct Investments into the country and trends reveal that every year the FDI inflow in India is increasing due to the numerous foreign businesses starting their operations in the country.

Mandatory requirements for the establishment of a Company in India:

1. Minimum number of Directors

A minimum of two individuals and an address is required in India. If we are talking about a private limited company, it should have at least two directors (individuals) and a minimum of two shareholders (can be individuals or even corporate entities).

2. Resident Director (One Indian Director*)

One of the Director of the Company must be an Indian Citizen and also an Indian Resident (any individual who has continuously stayed in the country of India for over 182 days).

3. Shareholders

Companies Act, 2013 requires that a Private Limited Company have a minimum of two shareholders. There is no condition for residential status of shareholders. Shareholders can be either individuals or entities or a combination of both.

Information/ Documents required from foreign Company

• Memorandum of Association of Company (Physical copy of MOA shall be prepare; e-MOA (INC-33) can’t be prepared). (Duly apostille or notarized in country of origin).
• Article of Association of Company (Physical copy of AOA shall be prepare; e-AOA (INC-34) can’t be prepared). (Duly apostille or notarized in country of origin).
• INC-9 declaration by first subscriber(s) and director(s) (Duly apostille or notarized in country of origin).
• DIR-2 declaration from first Directors along with Copy of Proof of Identity and residential address. (Duly apostille or notarized in country of origin).
• Declaration from the foreign subscribers in respect of not having PAN. (Duly apostille or notarized in country of origin).
• NOC from the owner of the property.
• Proof of Office address (Conveyance/ Lease deed/ Rent Agreement etc. along with rent receipts);
• Copy of the utility bills (not older than two months)
• In case of subscribers/ Director does not have a DIN, it is mandatory to attach: Proof of identity and residential address of the subscribers (Duly apostille or notarized in country of origin)
• Digital Signature with only one Subscriber is enough for Incorporation of Company

Flow Chart of Foreign Company Incorporation