India - Company Incorporation

map of india

In India, the following are common forms of incorporation:

Branch

A branch is intended for foreign companies that are engaged in representation and commerce. The branch is for business promotion and cooperation in India. The branch may not engage directly in production but can transfer production to sub-contractors within India.

A Limited company

Foreign investors may set up a limited company that will operate as a joint venture with Indian partners, or set up a subsidiary company that is totally controlled by the foreign investor. The Limited company may be a Private company with 2-50 members or a Public company with a minimum of 7 members according to the restrictions and provisions in Indian law.

Setup requirements

  • Minimum 2 shareholders + 2 directors for a Private company.
  • Minimum 7 shareholders + 3 directors For Public company. Directors must be individuals, same 2 shareholders can also act as directors.
  • Minimum INR 100,000 issued and initial paid−up share capital for a Private Company.
  • Registered address in India.
  • All setup information will be available for public search.

Setup procedure

  • Decide on the name of company, ending Limited or Ltd.
  • We proceed with availability of company's name search.
  • Give shareholders, directors and company secretary information.
  • Registered address information.
  • Approval of Memorandum and Articles of Association.
  • Give photocopy of identities of shareholders and directors.
  • It takes around 3 weeks for a company to be incorporated subject to availability of name - excluding time required in transit of documents.

Starting a Business in India

Present name of company for approval to the Registrar of Companies (ROC); Get the Memorandum and Articles of Association vetted by the ROC and printed
Make an application to the Superintendent of Stamps or an authorized bank requesting for stamping of the Memorandum of Association and Articles of Association.
Present the required documents along with the registration fee to the Registrar of Companies to get the certificate of incorporation
Visit the UTI Investors Services Limited to obtain a Permanent Account Number
Obtain a Tax Account Number for income taxes deducted at source from the Assessing Office in the Mumbai Income Tax Department
Register with Mumbai Shops and Establishment Act, 1948
Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located
Register for Profession tax