You may select limited and unlimited liability business structure with foreign direct investment (FDI) under automatic approval route. We at PKM provides advisory on selection of appropriate Business entity structure considering business need. Broadly Limited Liability Company (LLC) and Limited Liability Partnership (LLP) are well accepted business structures. Our range of services includes:
The basic requirements for setting up Private Limited Liability Company and Limited Liability Partnership are as follow:
Limited Liability Company can be set up by 2 shareholders and 2 Directors .Foreign national or NRI can be director in a company. However as per companies act there must be one Indian resident director.
Before Incorporation of a organization, the proposed administrators of the organization are required to obtain Directors Identification Number (“DIN”) from the Ministry of Company Affairs by making an online DIN application in Form DIN 1. The said form is to be furnished with the scanned copies of the photograph of the applicant, identity proof, a valid residential proof and a verification/ declaration in the specified format to be given by the applicant (Person who is applying for the DIN). After online submission of the Form DIN 1 and online payment of the fee, a permanent DIN to the director will be allotted immediately. The list of documents required to make a DIN application for each of the proposed director(s) are as follows :
Any among the proposed administrators is required to obtain digital signature certificate (“DSC”) in India for the goal of online processing of e-Forms with the concerned Registrar of Companies (“ROC”). To obtain DSC an application is needed to be made under the signature of the manager who intends to obtain DSC along with the duplicate of his identification proof and a copy of his residence proof. The list of documents needed to make a DSC application for each of the planned director(s) are as follows:
Identity proof – For identity proof, a passport copy or copy of permanent account number (PAN card) is required to be provided. However in case there is a international national, only passport is accepted as identification proof and in case of an Indian national, copy of PAN card is mandatory.
Residence proof – For residence proof, a copy of voter’s identity card or valid driving license or latest bank statement duly certified by the respective bank or utility bill (not later than two months) is required to be provided.
One passport size color photograph – Please note that the photo must certanly be pasted on the application form and cross signed by the manager (applicant).
DSC software form properly signed by the manager (applicant) – The identity and residence proof of the applicant as mentioned above should be attested by a notary public/attorney /consulate in the country of residence of the applicant.
The Application for Name Approval should be made . It is suggested to provide Five names which are alternate to each other to overcome any rejection of name due to trademark law of this country . The name of a private organization must end with what “Private Limited”.
If the proposed company is a subsidiary of body corporate incorporated outside India, Form INC-1 is required to be electronically filed along with the below mentioned attachments at the website of Ministry of Company Affairs, India:
Once the Name is approved by ROC subsequent are further procedures to be performed :
The MOA & AOA must certainly be signed by Subscribers(Section7(1)(a)), who shall add their photograph, name, address, occupation in presence of at least 1 witness: One person who’ll act as witness and will sign in the witness column by mentioning :
“I hereby observed that customers signed in my own existence on Date____________, at ___________, further I have accepted their identification details (Through ID)for their identification satisfy myself of their recognition specific as filled in ”
Below this witness must mention:
Date & Place should be mentioned at the end of Customer sheet.
The word customers here used is due to the purpose that these subscribers will customers for the shares in the company at time of incorporation and will invest the minimum capital i.e. Rs. 1,00,000. They will contribute the total amount by way of cheque or remittance when the organization gets integrated and shares will be allotted to them followed closely by the share certification. Instantly on allotment of shares under international Direct investment scheme, needed compliance with Reserve Bank of India has to be achieved.
The procedures for business establishment vary from one entity to another entity. A number of legal compliances must be followed to reduce potential risks and ensure success. For the establishment of new business, one needs to keep in mind certain factors. Based on recent reforms on business registration, a company can be established as a One person Company as sole proprietorship and limited liability company as partnership company.
At PKM Advisory services LLP, we provide reliable service provider as company establishment consultants in India for up-to-date information on company registration, eligibility criteria, documents required, company registration fee, and company registration process. We also connect you with seasoned experts who can guide you properly and assist you in procuring company registration anywhere in India in a hassle-free way. Save on time, effort, and money with the right knowledge and the right consultants.
Our company registration service as company establishment consultants in India is highly regarded for its timeliness and consistency. We have gained a reputation over the years for being a reliable and trustworthy company registration service provider. Our skilled professionals have a deep understanding of the rules and regulations surrounding company registration, and are able to provide our clients with a hassle-free service. In order to register a company, a unique name is required – this is known as the company name. This name is the identity of the company, and our registration service includes securing this name on behalf of our clients.
To deal with regulatory requirements and intricate details of company establishment, expert advice from PKM Advisory Services LLP can help you to follow statutory requirements and meet deadlines efficiently as the best company establishment consultants in India. We have a team of experienced advisors to deliver comprehensive company formation and registration services. The following services can be obtained from our advisors.
Your much important time and energy can be utilised efficiently and save money too. Your administrative inconvenience can be pass over to our expert team. Looking for assistance? Let’s connect soon.
India offers several business structures depending on the nature, scale, and ownership of the business. The most common options are a Private Limited Company (Pvt Ltd), which is best suited for startups and growing businesses looking to raise investment; a Limited Liability Partnership (LLP), which works well for professional service firms; a One Person Company (OPC) for solo entrepreneurs; a Public Limited Company for larger enterprises; and a Branch Office or Liaison Office for foreign companies. Each structure has its own compliance requirements, tax treatment, and liability framework.
With the introduction of the SPICe+ (Simplified Proforma for Incorporating Company Electronically) process by the Ministry of Corporate Affairs, company incorporation in India can typically be completed within 7 to 15 working days, subject to document readiness and timely approvals. The process involves name reservation, Director Identification Number (DIN) application, drafting of the Memorandum and Articles of Association, and filing with the Registrar of Companies (ROC). Engaging a professional consultant helps avoid delays caused by defective filings or incorrect documentation.
A GIFT IFSC company must meet compliance obligations on two tracks simultaneously. Under the SEZ Act, this includes monthly SOFTEX/SERF filings capturing export invoice data and an Annual Performance Report (Form I) certified by a CA. Under IFSCA regulations, entities must submit periodic regulatory reports, maintain prescribed net worth and capital adequacy, and comply with KYC/AML obligations. Standard MCA filings — AOC-4, MGT-7, and director KYC — also apply. Income tax returns must be filed annually, though IFSC units can claim the 10-year tax holiday on eligible income.
Yes, GST registration is required even though services exported from GIFT IFSC are zero-rated. The entity must file a Letter of Undertaking (LUT) annually to export services without paying GST upfront. Without an LUT, IGST becomes payable on exports and has to be claimed back as a refund — avoidable cash flow friction. For services provided by DTA (domestic) vendors, GST applies on reverse or forward charge as applicable. GST registration and LUT filing should be completed before the first export invoice is raised.
Documentation is needed at three levels. For MCA incorporation: PAN, Aadhaar, address proof and DSC of all directors/shareholders, draft MoA and AoA with IFSC registered office address. For the SEZ application (Form F): Provisional Letter of Allotment from the GIFT developer, business plan, projected financials, and proposed activity details. For the IFSCA license via the SWIT portal: fit and proper declarations, organizational structure, compliance manuals, and capital commitment proof — specifics vary by the regulated activity vertical.
A Private Limited Company and a Limited Liability Partnership (LLP) both offer limited liability protection to their owners. However, they differ in structure and compliance burden. A Pvt Ltd company is governed by the Companies Act, 2013 and requires more rigorous compliance including mandatory audits regardless of turnover, ROC filings, and board meetings. An LLP is governed by the LLP Act, 2008, has fewer mandatory filings, and is generally preferred for professional service firms and smaller businesses. For businesses planning to raise external equity funding or take on institutional investors, a Private Limited Company is typically the more suitable structure.
Foreign nationals and NRIs can set up entities in GIFT IFSC, typically as a wholly owned subsidiary or branch. Since IFSC entities are treated as persons resident outside India under FEMA, the parent company’s investment is classified as Overseas Direct Investment (ODI). This requires compliance with ODI regulations, including obtaining NOC from the relevant financial services regulator in India where the parent is already regulated. For NRIs, the process is relatively straightforward with fewer restrictions. Regardless of nationality, the entity must obtain an LOA from the SEZ Development Commissioner and the applicable IFSCA license before commencing operations. Engaging an IFSC-focused advisor early helps map the right entry structure and avoid regulatory gaps.
Post-setup compliance runs across three areas. Under the SEZ Act: monthly SERF/SOFTEX filings, and LOA renewal every five years. Under IFSCA regulations: periodic regulatory reporting, net worth maintenance, KYC/AML compliance, and adherence to any license-specific conditions. Under MCA and tax laws: annual ROC filings (AOC-4, MGT-7), director KYC, statutory audit, and income tax return — with the option to claim the IFSC 20-year tax holiday on eligible income. Missing deadlines on any of these tracks can attract penalties or regulatory action, so most IFSC units retain a compliance advisor to manage the calendar end to end.
