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Private Limited (NRIs & Foreign Nationals with FDI)
All you need
to know about establishing a Private Limited Company for Non Resident Indians
and Foreign Nationals (With FDI) in India.
A Private
Limited Company is the most popular as well as the most preferred choice of
business entity in India. As it requires a minimum of 2 members, it is most
appropriate for small and medium-sized businesses and start-ups. It is a
privately held business entity with a limited liability and allows for a 100%
foreign direct investment with government approval.
Non
Resident Indian: Citizens of India, holding Indian Passport, immigrated to any
other country for six months or more.
Foreign
National: A person who
is not a citizen of India.
Business entities like Private Limited Company and Limited Company only allow
for Foreign Direct Investment (FDI) into India under the automatic route. NRIs
and Foreign nationals are not allowed to invest or start a Proprietorship or Partnership or One
Person Company in India, while FDI in LLP requires prior approval from
the Reserve Bank of India. An interesting feature is that a
Private limited company can be started with as less as two shareholders. The
maximum limit may be two hundred shareholders. Compliances of a private limited
company are much simpler compared to that of a Public limited company.
Note:
• For NRI’s and Foreign National below mentioned documents must
be apostilled by Consulate of Indian Embassy or attested by Foreign Public
Notary depending upon whether country is the member of Hague convention or not.
• For NRI’s
and Foreign National Please make note that if the person belongs to country who
is not the member of Hague convention than all the documents as mentioned above
need to be apostilled by Consulate of Indian Embassy. And if the
person belongs to the country who is the member of Hague convention than all
the documents as mentioned above can be provided after attestation by Foreign
Public Notary
Mandatory Post Incorporation
Compliances for Company registered with FDI
1. Initiate to Open Bank Account to
receive Subscription Money from shareholders.
2. Arrange for Receipt of
Subscription Money from Foreign Subscriber into Bank account of company within
25 days of the Incorporation.
3. Collect FIRC Certificate
and KYC from the Bank as per FDI Guidelines and Report to RBI in Advance
reporting form to RBI with FIRC and KYC.
4. Issue Share Certificate to the subscribers for the shares
subscribed at the time of Incorporation of Company.
5. After issue of share certificate File FCGPR with RBI
as per FDI Guidelines, with FCGPR we have to submit all the details of shares
subscribed and paid for along with a certificate from Practicing Company
Secretary and a certificate form Chartered Accountant.
Note: Company having FDI must have
to comply with Reporting and other requirement of RBI as per FDI Guidelines.
Non compliance may lead to heavy penalties and regulatory action from RBI.
