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  • What are the documents involved in formation of Limited Liability Partnership in India?

    a) Proof of identity and residential address of the Designated partners;
    b) Proof of Registered office address and Copy of utility Bills not older than 2 months; 
    c) NOC from owner of the premises;
    d) Details of Partners and Designated Partners;
    e) Details LLP(s) and Company(s) in which Partners are interested; 
    f) Subscribers' sheet including consent of Partners;
    g) Copy of certificate of incorporation of the foreign LLP;
    h) Copy of Authority under which Foreign Limited Liability Partnership is establishing the place of business in India;
    i) Power of Attorney in favour of Authorised Representative;

    If LLP’s name is applied with the incorporation application:
    a) Approval of the owner of the trademark or the applicant of such trademark for registration of Trademark if the proposed name is based on a registered trademark or is subject matter of an application pending for registration under the Trade Marks Act.
    b) Copy of approval in case the proposed name contains any word(s) or expression(s) which requires approval from central government;

    Note: All the documents to be signed by the Foreign Directors and Foreign subscribers requires notarization and apostillation from the foreign country.
     

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  • What is the valid period of existence of a Liaison Office? Can the period of existence of a Liaison Office be extended?

    Permission to set up a Liaison Office is initially granted for a period of 3 years and this may be extended from time to time by the Authorized Dealer Category – I Bank in whose jurisdiction the Liaison Office is set up.

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  • Can more than one Liaison Office be set up?

    Yes. Requests for establishing additional Liaison Offices may be submitted through fresh FNC form duly signed by the authorized signatory of the foreign entity in the home country to the Reserve Bank of India.

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  • Is Unique Identification Number (UIN) obtained by Project office (PO)?

    No, Authorised Dealer Bank (AD Bank) need not obtain UIN from Reserve Bank of India (RBI) for PO.
     

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  • How can I apply for a Company Name?

    A proposed name can be reserved for the purpose of incorporation of a company or change of name of an existing company through the RUN service by logging into the MCA portal along with a fee of Rs. 1000/-.
    Further, you may use the SPICe form for the integrated process of name reservation and incorporation of a company.

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  • Can I apply for a company name online?

    Yes, you can avail the RUN service at MCA portal for reserving a name online.

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  • Which act governs Company formation and operations?

    Ministry of Corporate Affairs via Companies Act 2013 regulates incorporation of the company, responsibilities of a company, directors, dissolution of a company.

    For more information, click here.

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  • How would I enlist another organization in India?

     Incorporating a company through Simplified Proforma for Incorporating Company electronically (SPICe -INC-32), with eMoA (INC-33), eAOA (INC-34), is the default option and most companies are required to be incorporated through SPICe only.

    For more information, click here.

     

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  • Would a One Person Company (OPC) be qualified to profit benefits under the Start-up India activity?

    Yes. One Person Companies are eligible to avail benefits under the Start-up India initiative.

    For more information, click here.

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  • Is there any endorsed fee(s) that can be charged from the Start-ups for furnishing them with a suggestion/bolster/underwriting letter?

    Yes. A maximum fee of INR 5,000 can be charged by the incubators for issuing a letter of recommendation to Start-ups. In cases where an incubator is required to form a panel of external experts to assess the innovativeness of the product/service/process, a maximum fee of Rs. 10,000 can be charged by the incubators.

    For more information, click here.

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  • How can the sale/ maturity proceeds taken by the Foreign Venture Capital Investor?

    The sale/ maturity proceeds (net of taxes) of the securities may be remitted outside India or credited to the foreign currency account or a Special Non-resident Rupee Account of the FVCI.

    For more information, click here.

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  • Can a foreign investor invest in shares issued by an unlisted company in India?

    Yes. As per the regulations/ guidelines issued by the Reserve Bank of India/ Government of India, investments can be made in shares issued by an unlisted Indian company subject to compliance with FEMA provisions such as pricing, reporting, etc.

    For more information, click here.

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  • What are the various reporting formalities for foreign investments?

    The reporting requirements for foreign investments under Form Single Master Form (SMF) includes, inter alia:

    • Form FC-GPR: Issuance of capital instruments
    • Form FC-TRS: Transfer of capital instruments
    • Form LLP – I: Receipt of consideration by Limited Liability Partnership (LLP) for capital contribution and profit shares
    • Form LLP – 2: Disinvestment or transfer of capital contribution and profit shares in an LLP
    • Form CN: Issue or transfer of convertible notes
    • Form ESOP: Issue of employee stock options, sweat equity shares to a person resident outside India
    • Form InVi: Reporting foreign inflows in an investment vehicle
    • Form DI: Reporting of downstream investment
    • Form DRR: Issue or transfer of depository receipts
    • The detailed reporting requirements are laid down in the Master Direction on Reporting under Foreign Exchange Management Act, 1998.

    For more information, click here 

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