Company Registration

1. AS AN INDIAN COMPANY
   

   A foreign company can commence operations in India by incorporating a company under the Companies Act, through:

   • Joint Venture with An Indian Partner:
     

     Foreign Companies can set up their operations in India by forging strategic alliances with Indian partners.

     Joint Venture may entail the following advantages for a foreign investor:

     • Established distribution/ marketing set up of the Indian partner
     • Available financial resource of the Indian partners
   • Wholly Owned Subsidiary Company
     
     • Foreign companies can also set up wholly owned subsidiary in sectors where 100% foreign direct investment is permitted under the FDI policy.

     For registration and incorporation, set of applications have to be filed with Registrar of Companies (ROC). Once a company has been duly registered and incorporated as an Indian company, it is subject to Indian laws and regulations as applicable to other domestic Indian companies.

2. AS A FOREIGN COMPANY
   

   Foreign Companies can set up their operations in India through:

   • Liaison Office/Representative Office
     
     • Liaison office acts as a channel of communication between the principal place of business or head office and entities in India. Liaison office cannot undertake any commercial activity directly or indirectly and cannot, therefore, earn any income in India. Its role is limited to collecting information about possible market opportunities and providing information about the company and its products to prospective Indian customers. It can promote export/import from/to India and also facilitate technical/financial collaboration between parent company and companies in India. Approval for establishing a liaison office in India is granted by Reserve Bank of India (RBI).
   • Project Office
     
     • Foreign Companies planning to execute specific projects in India can set up temporary project/site offices in India. RBI has now granted general permission to foreign entities to establish Project Offices subject to specified conditions. Such offices cannot undertake or carry on any activity other than the activity relating and incidental to execution of the project. Project Offices may remit outside India the surplus of the project on its completion, general permission for which has been granted by the RBI.
   • Branch Office
     
     • Foreign companies engaged in manufacturing and trading activities abroad are allowed to set up Branch Offices in India for the following purposes:
       
       • Export/Import of goods
       • Rendering professional or consultancy services
       • Carrying out research work, in which the parent company is engaged.
       • Promoting technical or financial collaborations between Indian companies and parent or overseas group company.
       • Representing the parent company in India and acting as buying/selling agents in India.
       • Rendering services in Information Technology and development of software in India.
       • Rendering technical support to the products supplied by the parent/ group companies.
       • Foreign airline/shipping Company.
     • A branch office is not allowed to carry out manufacturing activities on its own but is permitted to subcontract these to an Indian manufacturer. Branch Offices established with the approval of RBI, may remit outside India profit of the branch, net of applicable Indian taxes and subject to RBI guidelines. Permission for setting up branch offices is granted by the Reserve Bank of India (RBI).

• The Indian Companies Act, 2013
  It lays down rules for the establishment of various companies in India.
• Director Identification Number (DIN)
  Application in Form DIR-3 shall be made and provisional DIN number of the person intending to be the director of the Company shall be generated.
• Digital Signature certificate (DSC)
  A Digital Signature is the equivalent of a physical signature in electronic format, as it establishes the identity of the sender of an electronic document over the Internet
• Company’s Name
  An application in Form INC-1 needs to be filed with the Registrar of Companies (ROC). On submission of the application, the ROC scrutinizes the same and sends the approval / objections in a couple of days.

• Memorandum of Association;
• Articles of Association;
  
  A declaration in Form INC-8 by a person named in the articles of the proposed company as a director, manager, or secretary of the company, or by an advocate of the Supreme Court or High Court, or by an attorney entitled to appear before the High Court, or by a Chartered Accountant practicing in India stating that all the requirements of the Companies Act 2013 and the applicable rules with respect to the registration and other matters have been complied with;
  
  
• A list of persons who have consented to act as directors of the company.
• Consent of every person prepared to act as a director and information about directors, managing directors, managers and secretary must be submitted in a prescribed Form DIR-12
• Information about the registered office in prescribed Form INC 22
• Power of attorney in favour of one of the promoters or any other person, authorizing him/her to make corrections in the documents submitted to the Registrar of Companies,
• Applicable registration fee payable to the Registrar of Companies.

• Bank account opening
  
  Assistance and allied services for opening and operating Bank account in India with all major international banks are also provided. Tell us the preference of Bank you want to have bank account with and we will get back to you with complete information.


• Growing Successfully
  
  India limited companies are required by law to place on public record their statutory annual accounts, which must often be audited. These must comply with a range of detailed disclosure requirements set out in the Indian Companies Act. D. Batra & Co. , Chartered Accountants ensure that all disclosure requirements are met, and are authorised to carry out independent statutory audits. Our approach to audit concentrates effort where it’s most needed, keeping costs to a minimum and providing a useful management tool. Our advice isn’t just an annual event – clients rely on our experience all year round. As your profits grow, we advise on corporate tax planning and compliance, and will negotiate with the Inland Revenue on your behalf Subsidiary & Register company in India . For more about our Legal & Tax compliance service click here. Whenever cross border intra group transactions arise, the difficult issue of transfer pricing is never far behind. We can help you to determine fair prices and ensure that the documentation required by the tax authorities is in place. Financial and tax planning for business owners and key employees is just as important to us – our personal tax, financial planning and trust departments aim to maximise your financial growth and minimise tax bills. Our administrators can perform credit checks on potential customers, assist with customs and shipping documentation and arrange all the appropriate insurance Subsidiary & Register company in India. As you establish a India presence, we can follow up on our initial market strategy with regular marketing reviews.

The DBC Advantages:

Our service list allows you to pick and choose to specifically match your needs. Our outsourcing capability allows you to achieve India fiscal compliance cost-effectively. We look after the peripheral issues leaving your company time to concentrate on what’s really important: succeeding in India.