Attestation or Legalisation of Documents - Step - 1
All documents which are signed by the proposed director or shareholder being a foreign national including their passport and address proof need to be legalized either through Indian Embassy or to be apostilled as per Hague convention. However, in case the foreign person comes to India with original documents then attestation can be done in India provided he came on a business Visa.
Digital Signature Certificate (Dsc) of Director - Step - 2
DSC is the equivalent of physical or paper signature in digital format. As the application for company registration is filed online with Digital Signatures of the director, hence the process starts with the issuance of the digital signature for all the directors/promoters. Photo, Passport and Address proof is to be submitted along with Form for the issuance of DSC.
Application for Company Registration - Step - 3
The application for registration of company or LLP is filed in one consolidated form known as Spice Form. The applicant needs to annex scanned copy of documents, MOA, AOA and proof of registered office in India along with the NOC from the owner of premises. With the approval of the same by Registrar of Companies, Certificate of Incorporation is issued.
Bank A/C Opening & Fdi Reporting - Step - 4
After company incorporation, the Bank A/c has to be opened, wherein the foreign direct investment must reach within 180 days of incorporation of the company with advance intimation to Banker. Post investment the company is under strict liability to file adequate reporting with the RBI reporting of FDI received within 30 Days.
Check FDI Limit
Most of the sectors are open for foreign direct investment in India under automatic route, without any prior approval for incorporation of the company.
One Resident Director
One director of the company must be resident in India. A person is said to be a resident when he/she stays in India for at least 182 days in during the FY.
The directors/shareholders visiting India for signing documents must be on a Business Visa; otherwise, documents must be legalised/ attested.
Attestation / Apostille
All documents of foreign origin and those executed in a foreign territory need to be legalised by way of attestation by Indian high commission or Apostille.