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Company Establishment Consultants in India

Company Establishment Consultants in India

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:

  • Name approval
  • Directors/foreign Director appointment and securing his digital signature
  • Drafting Memorandum and Article of Association
  • Incorporation of Business entity
  • Registration with Business entity with respective public authority
  • Annual maintenance of records, resisters and minutes

How to set private company and LLP:

The basic requirements for setting up Private Limited Liability Company and Limited Liability Partnership are as follow:

Private Limited liability company

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.

Check list for wholly owned Foreign Subsidiary:

Requirement of Obtaining Directors Identification Number (DIN) & Digital Signatures :

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 :

  • Identity Proof – For identity proof, a passport copy or copy of permanent account number (PAN card) is required to be provided. However in case of a foreign national, only passport is admitted as identity proof and in case of an Indian national, copy of PAN card is mandatory.
  • Residence Proof – For residence proof, a duplicate of voter’s identification card or valid driving certificate or latest bank statement duly qualified by the respective bank or utility bill (not later than two months) is needed to be provided.
  • One passport size color photo in jpeg format – In addition to that one more photograph is required which is required to be separately pasted on a plain paper.
  • Verification/ Declaration in the specified format – All the above previously mentioned documents are required to be attested by a notary public / attorney/consulate in the USA of residence of the applicant.

Digital Signature Certificate (“DSC”):

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:

  • Board Resolutions by the Holding company (separately from each subscriber to the proposed entity) clearly mentioning its intention to incorporate a subsidiary in India and authorizing a director to issue specific power of attorney.
  • Energy of Attorney(s) (separately from each customer to the planned entity) authorizing anyone to signify the subscribers prior to the concerned ROC to liaise with all worried authorities and officials in the matter of incorporation.
  • No Objection Certificate from the Holding company (separately from each of such entity whose name or part thereof will be used in the name of the proposed entity) for use of the name of the Holding company or part thereof in the name of the proposed company.
  • Charter Documents of the Holding company i.e. Certificate of Incorporation of the Holding company & AOA & MOA. Please ensure that all the above mentioned documents should be notarized by a Notary Public/attorney in the country where the registered office of the entity (which has issued the said document), is located and further Apostilled/endorsed at the Indian Consulate in the country where the registered office of the entity (which has issued the said document) is located.
  • A brief note on the main objects proposed to be carried out by the Company.
  • Valid Proof of ownership of the registered office of the company. However if the property is taken on lease by the Company Itself, a No objection certificate would be required.

After Name Approval Process :

Once the Name is approved by ROC subsequent are further procedures to be performed :

Drafting of MOA and AOA. Members Clause will need to take into consideration and note following:

  • Name
  • Father’s name
  • Occupation
  • Resident Address
  • Share subscribed
  • Affix one Passport Size Photo
  • Signed in given column.

Signing of MOA & AOA: –

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:

  • Name
  • Address
  • Description
  • Signature

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.

Formation of limited liability partnership(LLP) :

  • LLP is a separate legal entity from its partners and therefore registration is required . To get registration there must be 2 partners and 2 designated partners out of them one must be Resident of India.
  • To apply for registration for every designated partner , DIN ( Director Identification Number) is a must.
  • Partner is an agent of LLP and not representing other partners.
  • Partner is not personally liable for any liability of LLP unless fraud or misrepresentation is established.

Procedure:

  • Application for DIN should be made for all designated partners.
  • There should be an agreement with contribution commitment and authority vis a vis responsibility
  • Apply for digital signature
  • Apply for Name availability
  • File LLP agreement
  • File details for Registered office

BUSINESS ESTABLISHMENT ADVISORY IN INDIA

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.

LEGAL COMPLIANCES ADVISE

Business Laws

  • Company Law
  • Competition Law
  • Labour laws- The Payment of Bonus Act, 1965, The Payment of Gratuity Act, 1965 etc.
  • Indian and International contract Law
  • Foreign Exchange Law

Taxation

Direct Taxes
  • Income Tax, Wealth Tax, Professional Tax
  • International Taxation (Double Taxation Avoidance Treety Analysis)
Indirect Tax
  • Central Excise Law
  • Service Tax
  • Value Added / sales Tax
  • Custom Law
  • GST
  • Foreign Trade Policy

SEEK EXPERT ADVICE FOR COMPANY ESTABLISHMENT CONSULTANTS IN INDIA

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.

  • Consultancy on formal incorporation and local rules
  • Preparation of legal documents, Articles of Incorporation and other paperwork required for registration
  • Filing of registration application with Trade Registry and fiscal authorities for VAT, and other related licensing authorities.
  • Obtaining of special business license
  • Regular updates on changes in legal compliances
  • Opening Bank account
  • Labour law compliances
  • Payroll services

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.