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Private Ltd. Co. (NRIs & Foreign Nationals with FDI)

  • 100% Fast and Secure Online Process
  • CA Accredited Guidance At Every Process
  • Guaranteed Satisfaction and Lowest Fees Across India

Required Documents

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Description of proposed business activity in few words

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4 proposed names for company in order of preference

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Authorized and Paid up capital & sharing proportion of subscribers

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DIN (Director Identification numbers) of all directors

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DSC (Digital Signature) of all directors and subscribers

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Self attested PAN Card copy of directors and subscribers

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Self attested ID Proofs of all directors & subscribers (Driving License/Voter ID/ Passport)

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Self attested address proof of directors & subscribers (Utility Bill/ Bank Statement/ Bank passbook copy)

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Passport size color photo of directors in JPEG format

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NOC from owner of premises or Rent/ Lease agreement (if leased/ rented)

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Utility bill in name of owner not older than 2 months

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Occupation and educational qualification, place of birth and nationality

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Duration of stay at present residential address of directors and subscribers

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Mobile no. and email id of directors and subscribers

What we will deliver

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DIN for 2 directors

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DSC of 2 directors/ subscribers

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Name approval of company- RUN WEB FORM/ SPICe+

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Memorandum of Association/ Article of Association of Company (e-MOA/e-AOA)

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Certificate of Incorporation

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Mandatory PAN of Company (e-PAN Card)

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Mandatory TAN of Company (e-TAN letter)

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Mandatory ESIC/EPFO Registration (using new SPICe+ form)

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Professional Tax Registration (in case of Maharasthra)

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Mandatory Opening of Bank Account

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GST Registration (if required)

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FIPB/RBI filings (chargeable separately)

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Shop and Establishment Registration (Chargeable separately)

Eligibility Criteria

Minimum 2 director, Maximum 15

Minimum 2 and Maximum 200 shareholders

Director and Shareholders may or may not be the same persons

One Director must be an Resident Indian

Minimum capital requirement is NIL

DIN of the directors

Digital Signature of subscribers and directors

Required Documents

Description of proposed business activity in few words

4 proposed names for company in order of preference

Authorized and Paid up capital & sharing proportion of subscribers

DIN (Director Identification numbers) of all directors

DSC (Digital Signature) of all directors and subscribers

Self attested PAN Card copy of directors and subscribers

Self attested ID Proofs of all directors & subscribers (Driving License/Voter ID/ Passport)

Self attested address proof of directors & subscribers (Utility Bill/ Bank Statement/ Bank passbook copy)

Passport size color photo of directors in JPEG format

NOC from owner of premises or Rent/ Lease agreement (if leased/ rented)

Utility bill in name of owner not older than 2 months

Occupation and educational qualification, place of birth and nationality

Duration of stay at present residential address of directors and subscribers

Mobile no. and email id of directors and subscribers

Step by Step Procedure of Private Ltd. Co. (NRIs & Foreign Nationals with FDI)

STEP 1

Verification of documents provided by you

STEP 2

Application for Name Approval (online RUN WEB Application on MCA Portal)

STEP 3

Obtaining DSC (Class-2) and DIN as required above. However, in new companies DIN can be obtained within SPICe + facility for upto 2 directors

STEP 4

Incorporation of company along with filing of e-MOA and e-AOA

STEP 5

Providing you Certificate of Incorporation

STEP 6

Filing of Commencement of business certificate after 180 days (separately chargeable)

STEP 7

FIPB approvals/ RBI Filings (as prescribed and chargeable separately)

What we will deliver

DIN for 2 directors

DSC of 2 directors/ subscribers

Name approval of company- RUN WEB FORM/ SPICe+

Memorandum of Association/ Article of Association of Company (e-MOA/e-AOA)

Certificate of Incorporation

Mandatory PAN of Company (e-PAN Card)

Mandatory TAN of Company (e-TAN letter)

Mandatory ESIC/EPFO Registration (using new SPICe+ form)

Professional Tax Registration (in case of Maharasthra)

Mandatory Opening of Bank Account

GST Registration (if required)

FIPB/RBI filings (chargeable separately)

Shop and Establishment Registration (Chargeable separately)

Frequently Asked Question

What is Foreign Direct Investment?

FDI means investment by the non-resident entity/person resident outside India in capital of an Indian Entity and includes all types of foreign investment in India including investment by Foreign Institutional Investors, NRI, foreigners or foreign entities, etc.

What are the routes of FDI in private limited companies?

FDI is allowed for non-resident entities, subject to the FDI Policy and sectoral caps. FDI in a Private Limited Company falls under two routes:

  • Automatic route- Prior approval of Government is not required for the non resident Indian as well as Indian entity.
  • Approval route- Prior approval of Government is required.

What is the difference between the Automatic Route and the Approval Route?

Automatic Route:

If the proposed business activity where FDI is sought to be made does not come under FDI prohibited category or approval category, FDI under automatic route is permissible. Under the Automatic route, the Indian companies can issue capital instruments to non-resident Indians/ foreign entities/ foreign citizens without any prior approval from FIPB or RBI for the investment. 

Certain filings relating to FDI is required to be made with RBI only after receipt of the subscription money from the foreign or non-resident investor and issuance of shares.

Under Automatic Route, FDI is not permitted in a company:-

  • where industrial license is required under the Industries Act, 1951 or 
  • transfer of stake by existing investor to new foreign investor or
  • resulting in change in ownership pattern of company

Majority of the sectors in India are eligible for 100% FDI under the automatic route. Therefore, the process of starting a business in India for Foreign Nationals and Non-Resident Indians is very smooth and easy.

Approval Route:

Under the Approval Route, prior approval of Government is necessary for investment. In this case, FDI proposals are considered by respective Administrative Ministry/ Department on case to case basis. For this, the company in which such FDI is sought to be made would have to make an application on the Foreign Investment Facilitation Portal (FIFP).

  • Citizens/entities of Bangladesh or Pakistan can invest in India, only under the approval route.

 

What are the various methods through which foreign entities/ investors invest in an Indian entity?

Indian companies desirous of getting FDI can issue equity instruments or equity linked instruments namely convertible preference shares and convertible debentures subject to the norms as prescribed by the DIPP.

Issue of equity shares under FDI must be made at fair value. However, in case of a newly incorporated entity, an NRI or foreigner may subscribe to its shares at face value.

What are the sectors in which FDI is fully prohibited?

As per DIPP guidelines, FDI is fully prohibited in the following sectors:

  • Lottery Business including Government and online lotteries
  • Gambling and betting including casinos
  • Chit funds 
  • Nidhi Company
  • Trading in Transferable Development Rights (TDRs) 
  • Real Estate Business or Construction of Farm Houses excluding development of townships, construction of residential /commercial premises, roads or bridges and Real Estate Investment Trusts (REITs)
  • Manufacturing of cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes
  • Activities/sectors not open to private sector investment e.g.
    • Atomic Energy and 
    • Railway operations(other than Mass Rapid Transport Systems)

What are the sectors where approval of FIPB is required for accepting FDI?

In the following sectors, FDI under automatic route is not permitted. Therefore, prior approval of Govt. authorities is required:-

  • Mining
  • Defence
  • Broadcasting
  • Print Media
  • Civil Aviation
  • Satellites
  • Telecommunication
  • Private Security Agencies
  • Trading (single brand, multi brand, food product retail trading)
  • Financial services activity not regulated by any Financial Sector Regulator
  • Application for foreign investment in a core investment company
  • Banking
  • Pharmaceuticals

Documents Required for Private Ltd. Co (NRIs & Foreign Nationals with FDI)

Documents Required:

  • Description of proposed business activity in few words
  • 4 proposed names for company in order of preference
  • Authorized and Paid up capital & sharing proportion of subscribers
  • DIN (Director Identification numbers) of all directors (if available)
  • DSC (Digital Signature) of all directors and subscribers
  • Self attested PAN Card copy of directors and subscribers
  • Self attested ID Proofs of all directors & subscribers (Driving License/Voter ID/ Passport)
  • Self attested address proof of directors & subscribers (Utility Bill/ Bank Statement/ Bank passbook copy)
  • Passport size color photo of directors in JPEG format

Note: In case of foreign director, all documents as above to be notarized/apostile in home country;

Documents for proposed registered office:

  • NOC from owner of premises or
  • Rent/ Lease agreement (if leased/ rented)
  • Utility bill in name of owner not older than 2 months

Other Info. of directors & subscribers :

  • Occupation and educational qualification, place of birth and nationality
  • Duration of stay at present residential address of directors and subscribers
  • Mobile no. and email id of directors and subscribers