Registering a foreign company in India involves several steps and compliance with Indian regulatory requirements. Here is an overview of the policy, procedure, and steps involved in the registration of a foreign company in India:

Policy for Registration of Foreign Company in India:

The registration and operations of foreign companies in India are governed by the Indian Companies Act, 2013, and the Reserve Bank of India (RBI) guidelines. The primary objective of these regulations is to promote foreign investment, regulate foreign companies' activities, and ensure transparency in their operations.

Procedure and Steps for Registration of Foreign Company in India:

1. Determine the Eligibility: Before proceeding with the registration, a foreign company must determine whether it falls under the definition of a "foreign company" as per the Companies Act, 2013. Generally, a foreign company is one that is incorporated outside India but conducts business activities within India.
2. Appoint a Local Representative: Every foreign company must appoint at least one authorized representative or an agent in India who can accept legal documents and notices on behalf of the foreign company.
3. Obtain Digital Signature Certificate (DSC): The authorized representative in India needs to obtain a Digital Signature Certificate (DSC) for online filing of documents with the Indian government authorities.
4. Obtain Director Identification Number (DIN): If the authorized representative is proposed to be a director of the foreign company's Indian operations, they must apply for a Director Identification Number (DIN). DIN is a unique identification number required for individuals serving as directors.
5. Reserve a Name: Foreign companies must propose a name for their Indian operations and check its availability with the Registrar of Companies (RoC). The name should adhere to the guidelines provided by the Companies Act, 2013.
6. File Required Documents: Prepare and file the necessary documents with the RoC in e form. These documents typically include:
   • Memorandum of Association (MoA): This document outlines the company's objectives and activities in India.
   • Articles of Association (AoA): This document contains the company's internal rules and regulations.
   • Details of the registered office in India.
   • Copy of the charter, statutes, or memorandum of the foreign company.
   • List of directors and key personnel.
   • Evidence of appointment of the authorized representative in India.
   • Declaration of compliance with the provisions of the Companies Act, 2013.
7. Payment of Fees: Pay the requisite fees for registration and filing of documents with the RoC. The fees may vary depending on the authorized share capital and other factors.

 

8. Obtain Certificate of Registration: Once the RoC approves the registration documents and ensures compliance, they issue a Certificate of Registration. This certificate is proof that the foreign company is authorized to operate in India.
9. Compliance with Taxation and Other Regulatory Requirements: Register for taxation purposes, such as obtaining a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN). Additionally, ensure compliance with other regulatory requirements like Goods and Services Tax (GST), foreign exchange regulations, and labor laws.
10. Commence Business Operations: After obtaining the Certificate of Registration, the foreign company can commence its business operations in India as per its approved activities.

It's crucial for foreign companies to comply with all ongoing regulatory and reporting requirements in India, including filing annual financial statements and adhering to any changes in Indian laws and regulations.

The registration process and requirements may vary based on the specific nature of the foreign company's business. E-gstin is here to guide you for smooth registration process and ongoing compliance.