Formation of Company

Khandhar Mehta and Shah | Formation of Company in India


Are you setting up a business?

Are you a foreign company intending to enter India? Do you want help in necessary registrations for your entity? Are you looking for some help in obtaining licenses and required permissions to start operations? If the answer is “Yes” to any of the above, you are at the right place – KMS. Our consultants help you in the entire process of the formation of company in India. Company Formation in India requires a legal registration, documentation, licenses, permissions, and initial banking requirements to be fulfilled. . We have answers to all your questions – we help you with company registration in India so that you can start operations without any hassle.

Company formation in India

Legal registration of a business is a prerequisite. The incorporation of companies in India is governed by the Companies Act 2013. Before registration, it is critical to choose the right type of legal structure.

One can select the appropriate legal structure from Private Limited Company, Limited Liability Partnership (LLP), One Person Company (OPC), and proprietorship. Deciding the structure of an entity requires an analysis of the goals and objectives, tax rates, expenses of compliances with various legalities, cost of registration, and many more. We help you choose the right structure depending on the above factors and provide you professional guidance in fulfilling all the requirements of company incorporation procedures in India.

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Being one of the well established CA firms in Ahmedabad, we always focus on giving our clients the best in class services that reflect our values and vision of transparency, flawless, and professional work. Visit our CA website to understand and know more about our services and our company. Choose us for your business as the best deserves the best.

Company Formation Services in India

KMS’s team of proactive and competent business setup professionals in India help the clients in all the aspects related to the formation of company in India:

Private Limited Company Registration in India

Minimum Requirements:

Benefits of incorporating a Private Limited Company in India

Registration of foreign companies

Foreign nationals find it suitable to incorporate a foreign subsidiary in India as FEMA guidelines do no allow foreign direct investment (FDI) in Proprietorship, Partnership, and One Person Company. For FDI in an LLP, RBI permission is required. As far as the formation of company in India is concerned, a foreign national has the following options to start a business in India:

A branch office is similar to a limited company, except that it cannot carry out manufacturing, retail trading, or processing. It acts as a branch office of a foreign company and earns income from the business operations as a domestic branch office does. It is required to pay the applicable taxes.

A project office is established for particular project purposes. It works as a temporary branch office in cases when an Indian company grants projects to the foreign company to be executed in India.

A liaison office is one, which functions as representing the foreign company in India. It acts as a channel of communication between the Indian company and the foreign entity’s foreign headquarters. It cannot carry out any operations or promotional activities in India. Since these businesses do not earn any income in India, their expenses are met through foreign exchange remittances from the head office.

A subsidiary company of a foreign company is called an Indian company, and it can have a full-fledged presence in the country.

Joint ventures are ones where the foreign entities do not have 100% ownership, but Indian entities hold a certain percentage in it.

Prerequisites to register a foreign company in India

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Our Company Incorporation Services at a glance:

Our strengths

KMS has been committed to providing excellent services to its clients always. Our clients put trust in us for company formation services because of the following reasons:

Our team of company incorporation experts provides consultancy services to clients to enable them to select the right form of business structure for their entity based on the analysis of the business goals, ownership structure, future expansion plans, and taxation impact.
The proficient and committed team of KMS assists the clients in all post-incorporation services such as necessary registrations with industry associations and organizations, essential licenses and permissions pertaining to the state and national level, bank account opening, and other tax-related matters.
We have a competent team solely focused on providing company formation services to foreign companies intending to enter India. We conduct the necessary research and analysis for the business sector and assist the clients in obtaining all the licenses, registrations, and permits required for the formation of company in India and thereby ensure smooth operations in the country.

our client say

trust.  transparency.  professional expertise.

frequently asked questions(faqs)

Foreign investment can enter India through the following two routes:

• Automatic route: Under Regulation 16 of FEMA 20 (R), foreign investment is possible in all sectors and activities without any approvals from the RBI or government

• Government route: The activities and sectors, for which automatic route of foreign investment is not available, need prior government approval
A foreign company is defined as any company or body corporate incorporated outside India, which has a place of business in India whether by itself or through an agent, physically or through electronic mode, and conducts any business activity in India in any other manner.
Formation of Company in India requires a company name approval. The applicant files the Form No. INC-1 with the Registrar of Companies (ROC) online through the digital signature of one of the proposed directors. The application requires the following information from the applicant: • The types of business entity, which is proposed for the formation

• Two alternative names for the proposed company, along with the justification for the same, where the naming convention must follow the rules and guidelines as prescribed by the Ministry of Corporate Affairs (MCA)

• Key objectives of the proposed company

• The authorized capital of the proposed company

• Names of other group companies

After receiving the application, MCA scrutinizes the application and checks if the proposed name is unique and does not match with the names of any existing companies. After thorough checking, it either accepts or rejects the application. MCA sends the approval or objection to the name to the applicant within a week through email.