How Can a Non-Resident Register a Company in India?

To register a company in India as a Non-Resident Indian (NRI) or foreign national, you must follow specific procedures and provide various documents. Here’s a comprehensive guide:

Types of Companies NRI Can Register

1. Private Limited Company: Requires a minimum of two directors, with at least one being an Indian resident.
2. Public Limited Company: Requires a minimum of three directors, with at least one Indian resident.
3. Limited Liability Partnership (LLP): Requires at least two designated partners, one of whom must be an Indian resident.

Prerequisites

• Indian Resident Director: At least one director must be an Indian citizen residing in India.
• Registered Office: You must have a registered office address in India, supported by proof such as a rental agreement or sale deed.

Required Documents

For NRIs:

• Passport
• PAN Card: Mandatory for tax identification.
• Proof of Address: Utility bill or bank statement of the present address not older than two months, notarized and apostilled.

For Foreign Nationals:

• Passport notarised and appostiled
• Address Proof: Similar to NRIs, with notarization and apostille.

For All Directors:

• Digital Signature Certificate (DSC): Required for all directors to sign electronic documents.
• Director Identification Number (DIN): Must be obtained for each director.

Registration Process

1. Obtain DSC and DIN:
   
   • Apply for a Digital Signature Certificate for signing documents electronically.
   • Obtain a Director Identification Number through the Ministry of Corporate Affairs (MCA) website.
2. Filing Applications:
   
   • Fill out necessary forms on the MCA portal, including the Memorandum of Association (MoA) and Articles of Association (AoA).
   • Ensure all required documents are uploaded.
3. Verification and Incorporation:
   
   • The Registrar of Companies will review the application and documents.
   • Upon approval, an incorporation certificate will be issued.
4. Post-Incorporation Compliance:
   
   • Open a bank account in India for the company.
   • Remit the subscription amount from abroad within two months of incorporation.

Additional Considerations

• Foreign Direct Investment (FDI): FDI is allowed under the automatic route for private and public limited companies but requires prior approval for LLPs in certain sectors.
• Costs: Registration costs may vary based on services used and complexity of incorporation.

By following these steps and ensuring compliance with regulatory requirements, NRIs and foreign nationals can successfully establish a business presence in India.

Important Links for opening a company- 

• MCA Name Search: https://www.mca.gov.in/mcafoportal/showCheckCompanyName.do