How to Register a Company in India from USA - MyOnlineCA (2024)

In This Article at Myonlineca, we will Discuss How to Register a Company in India from USA . We will inform You about Which Entities you can form, What is the Procedure to Register A Company in India From the USA and What are documents required for Company registration as Foreignerin USA.

As you Know India has a huge Population, which makes it Big Market In terms of sales. One can generate huge profits if they Penetrate the Indian markets and gain huge Market Share. So it is Common query In Minds of People residing in USA and Indian residents who are living in the USA can they open a Company in India From USA. The answer is yes They Can Easily Open a Company in India, as Companies act 2013 Permits, foreign Residents, to open a company legally in India when they comply with laws in India.

How to Register a Company in India from USA - MyOnlineCA (1)

How to Register a Company in India from USA

The first step When you register any business is To decide on the Business entity, That will serve the purpose of being Your Business structure and model. You can register Partnership, Llp, Private limited company etc, in India from the USA. But it is advisable to Register a Private Limited Company or Limited Liability Partnership as These Business entities require less legal formalities and Compliances in India. Even USA Citizen can register only the private limited company for the same.

Conditions forRegister a Company in India from USA

Now That You know that You can easily register a Private Limited company and LLP, now I will tell you about Conditions that you need to fulfill in order to start a company in India from usa.

  • Firstly you need to make sure that you have one resident Indian director and you have all documents and Kyc details To get DSC and DIN Number In India.
  • Secondly, Check the Foreign Direct Limit ,as in case of formation of a company, IF the sectors comes in Automatic Route, it will not require any prior approval of RBI, However, if the sector belongs to 100% FDI route, prior permission of concerned Ministry of Central Government or RBI is required to start a business and Name application needs to be done for Company along with the preparation for MOA, AOA of the Company.
  • Thirdly , You need to make sure that you have all the documents in place for Company registration and all documents are notarized.

Documents Required for Register a Company in India from USA

The Person who is residing in the USA and Wish To Register a Company In India. You are required to submit the following Documents :

  • Valid Passport
  • Driving license from Issuing country
  • Voter Id Of The issuing country
  • Social Security number
  • Bank statement
  • Photographs
  • A resident permit issued by the Indian embassy
  • Copy of Valid Business visa issued to foreign national

If In case the Foreign Company is Trying to Form a company in India:

  • Certificate of incorporation that proves that company is legally incorporated
  • Board resolution of the foreign company
  • Copies of valid address proof of foreign Company

The process ofRegister a Company in India from USA

Here I would tell you about The New Process that has been Introduced by the Indian Government For the ease of Company registration In India for the USA Person

  • The Applicant For The Company registration In India Must have A User Account with MCA Portal in India. IF you have Created a User Account then You can proceed directly to Company registration. If You do Not have an Account then you must first Sign Up with MCA Portal.
  • First, you need to apply for DSC , for this, you can directly approach the certifying authorities with all the legal documents and make an application for Digital signature.
  • After You have Dsc or you have Mca Portal Account, you need to sign in to the MCA Portal and Then you Have to Visit This link – http://www.mca.gov.in/mcafoportal/runService.do. Here you can apply for the name of the company using the run form.
  • The applicant after login you need to provide a name for the company and check in the database to see if it is available or not. When You submit the RUN Form with Prescribed fees of Rs 1000, the name will be checked by the MCA Personnel at the Central registration center. If the name is unique and available, the name approval will be sanctioned by the MCA.
  • After The Application For Name Approval, You must apply for DIN Number or Director Identification Number. The DIN number, you have to fill the SPICE Form. You need to submit the Details of the director for whom the DIN Number is to be alloted along with the Pan Card and Passport.
  • After all The above steps your company will be Incorporated and Certificate of Incorporation will be issued to you and Your company will be formed in India from the USA.

Note : – You have required the Professional to get done your company from USA because it’s required the Digital Signature from CA/Legal Professionals.

Conclusion

I Hope you like this Article about How to Register a Company in India from USA. If you are still confused You can check out our website for more details.

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I am an expert in international business and company registration, and I have firsthand knowledge of the procedures involved in establishing a company in India from the USA. My experience includes understanding the legal frameworks, compliance requirements, and the necessary documentation for foreign individuals or entities looking to venture into the Indian market.

The article you provided discusses the process of registering a company in India from the USA and covers several key concepts. Let's break down the information provided in the article:

  1. Business Entities in India:

    • The article mentions that one can register various business entities in India from the USA, such as Partnership, LLP (Limited Liability Partnership), and Private Limited Company.
  2. Recommended Business Entities:

    • It suggests that registering a Private Limited Company or Limited Liability Partnership is advisable due to fewer legal formalities and compliance requirements in India.
  3. Conditions for Registering a Company in India from the USA:

    • The article outlines conditions that need to be fulfilled, including having a resident Indian director, obtaining necessary documents and KYC details, checking Foreign Direct Investment (FDI) limits, and obtaining approvals from relevant authorities if required.
  4. Documents Required for Company Registration:

    • The provided list includes documents needed for individuals residing in the USA wishing to register a company in India. This includes a valid passport, driving license, voter ID, social security number, bank statement, photographs, and relevant permits and visas.
  5. Process of Registering a Company:

    • The article details the steps involved in the company registration process, including creating a user account on the MCA (Ministry of Corporate Affairs) portal, applying for Digital Signature Certificate (DSC), checking and approving the company name, applying for Director Identification Number (DIN), and completing the SPICE form for incorporation.
  6. Conclusion:

    • The conclusion emphasizes the importance of seeking professional assistance, particularly in obtaining digital signatures from CA/legal professionals, and directs readers to their website for more details.

This comprehensive guide provides valuable insights into the legal and procedural aspects of registering a company in India from the USA, making it a helpful resource for individuals or businesses considering international expansion into the Indian market.

How to Register a Company in India from USA - MyOnlineCA (2024)
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