India has become a business hub of the world with immense opportunities in terms of startups and the entrepreneurship habits and foreign investors. Company formation in India is the process of legal registration of a business entity in Companies Act, 2013 by the Ministry of Corporate Affairs (MCA). This is the most important and the initial step that must be taken in making a business presence in the country legally acknowledged.

We are the Neeraj Bhagat and Co, that specializes in assisting US companies in registering and establishing themselves in India successfully. Having profound understanding of the laws of Indian corporate and taxation and compliance, we ease the whole process, be it documentation to after registration support so that you can concentrate on developing your business.

Be it in case of a private limited company, a branch office or a subsidiary company, we offer solutions that are customized to suit your special requirements and help you place your business on the right track.

• Private Limited Company (Pvt Ltd) the best when starting and expanding businesses.
• Private Limited Company (Pvt Ltd) appropriate in case of large business and raising finances by way of the
• One Person Company (OPC) the best fit in individual entrepreneurs.
• Limited Liability Partnership (LLP) a combination of partnership and corporate advantages.
• Branch or Liaison Office is usually used by foreign companies that are venturing into India.

• Acquiring Digital Signature Certificates (DSC) of directors.
• Receiving Director Identification Numbers (DIN)
• Selecting and enrolling a distinctive company name.
• Registering incorporation documents, such as MOA (Memorandum of Association) and AOA (Articles of Association).
• Obtaining a Certificate of Incorporation (COI) of the Registrar of Companies (ROC).
• Enrolling in PAN, TAN, and GST, where necessary.

Setting up a business in India also comes with regulatory liability issues such as yearly filing of compliance, statutory audits and tax.

Setting up a company in India has been made easier and friendlier to businesses due to the improved ease of doing business in India, digital incorporation and government incentives. As a local entrepreneur or international investor, it is vital to know how and the legal system of company registration in India takes place in order to succeed in registering a company.

Company Formation in India or registered in India are governed by the Companies Act 2013.

• Foreign nationals can incorporate company in India and hold foreign equity to the extent of 100%, which is dependent upon sector in which company will operate and is subject to approval from either Reserve Bank of India (RBI) or Foreign Investment Promotion Board (FIPB).
• Foreign nationals can be director in Indian company but also there is a need to appoint local director to incorporate a company in India.

The Memorandum of Association states the main, ancillary / subsidiary and other objects of the proposed company. The Article of Association contains the rules and procedures for the routine conduct of the proposed company. It also states the authorized share capital of the proposed company and the names of its first / permanent directors. After that Memorandum of Association and Article of Association are required to be stamped.

A stamp duty is required to be paid on Memorandum of Association and Article of Association. The stamp duty depends on the authorized share capital.

Shares must be expressed in a fixed amount. “No par value” or “bearer” shares are not permitted. Shares to be subscribed must be expressed in Indian rupees.

Every company is required to appoint an auditor each year at its AGM. An auditor must be qualified by virtue of the Institute of Chartered Accountants of India Act 1949 and completely independent of the company. Audited accounts of the company serve as tool for various stakeholders like creditors, bankers, investors and revenue authorities.

The names and personal particulars of the directors and secretary, register of charges, share capital, registered office address etc. must be filed with the Companies Registry for public inspection upon incorporation and if there is any change thereafter.

An annual general meeting (AGM) must be held once in every financial year and not more than 6 months after the end of financial year. However, a company need not hold its first AGM until 9 months of the date of closing of first financial year.