HOW TO OPEN A SUBSIDIARY COMPANY IN INDIA
SUBSIDIARY COMPANY REGISTRATION IN INDIA
Recently, one of my friends, who are
based in USA, met me in India. He was a NRI and has been working as software
consultant in USA for last 25 years. Now, He wanted to explore some
opportunities of business setup in
India.
He
wanted to start an IT consultancy business in India and asked me the entire
process of the same.
I
informed him that he can start business in India in any of the following form
of entities:
a)
LLP registration
b)
Normal Private Limited
company registration and
c)
Subsidiary
company registration
He was
very curious to know the difference between all 3 of the above and also what is
best form of entity registration for him.
I
informed him in brief about various features of all the 3 entities and also the
estimated cost of registration of each of the three entities. Also, informed
him about types of documents required etc.
He was
not sure about the best form of business setup in India.
Accordingly, I asked him about his future plans in India and what are his long
term vision. He informed me that He was already running a small company in USA
and wanted to use the brand name of that USA company while setting up business
in India.
After
listening to his long term requirement, I advised him to go for subsidiary company
registration. He asked me the reason why I
suggested Him subsidiary company registration over other forms of entities.
I
informed him that subsidiary companies are formed when any company acquires
more than 50% of shares in another company, and then second company becomes
subsidiary of first company. In our case, USA based company will acquire more
than 50% shares of Indian proposed company, accordingly, an Indian company will
become subsidiary of its parent company. Also, Indian company can retain or use
the brand name of parent company which is based in USA.
He was
very excited to know that He can use the brand name of its parent company. He
also asked me about the procedure of subsidiary company registration as well as types of
documents required and once company is incorporated, what type of compliances
to be done in India.
I asked
him to relax a bit as too many questions were being asked at same time. The
minimum requirement for company registration in India is that there should be 2
directors and 2 shareholders and one of the directors must be an Indian
Resident. Also, local office address is required for showing registered office.
Documents required for same are normal KYC documents along with address proof
of registered office like latest electricity bill in the name of landlord and
No Objection Certificate from landlord.
Since
He was residing in USA, I asked for copy of his passport, latest utility bills,
colored photograph and residential address proof in USA. Also, I asked him to
get all the documents notarized and apostiled in USA as this is mandatory
requirement in case any of the Directors or shareholders is foreign citizen.
The
normal time involved in business set up in India
is 12-15 working days from receipt of all the documents.
He asked
me some time for arranging the documents and thanked me for explaining the
entire process of subsidiary company registration in brief.
We both
had our coffee and signed off for getting in touch again once He arranges all
the documents.
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