11 steps to incorporating in India

incorporation steps in IndiaRegistration of a company in India follows a complex process, especially when foreign investors and directors are involved as the same have to go through multiple Government approvals and registrations. Please find below information on the steps followed by our Firm to assist our Clients complete their India business setup projects:

Pre-incorporation steps

  1. Engagement with Client: Before proceeding with an engagement, Healy Consultants Group PLC will request our Clients to i) complete and sign the engagement letter and return us the same to our office, along with at least 75% of the due diligence documents and ii) settle engagement fees. We then supply a detailed engagement plan detailing each step of the engagement;
  2. Digital Signature Certificate (DSC) (Part I): Our Client provides i) 2 passport size photographs and ii) notarized copies of passport and address proof (eg. an electricity bill) for each director and shareholder;
  3. Digital Signature Certificate (DSC) (Part II): Our Firm then submits an application for Digital Signature Certificates (DSCs) from the Certifying Authority, which will allow Indian company directors to e-sign and upload forms to the Registrar of Companies and Ministry of Corporate Affairs (MCA);
  4. Director Identification Number (DIN): our team then fills in a DIN-3 application form together with a signed DIR-4 on the Ministry of Corporate Affair’s website to obtain a Director Identification Number for all directors.

Incorporation steps

  1. Company name registration with the Registrar of Companies (ROC): Healy Consultants Group PLC prepares and uploads the application in eForm INC-1 with all relevant details and declarations. For company name our client will require to provide 6 different company name options to ensure approval according to the MAC guidelines. For company name, our Client will be required to provide 6 different company name options to ensure approval according to the MAC guidelines;
  2. Obtain the certificate of incorporation: Healy Consultants Group PLC files the SPICe Form (Form INC -32), which includes also filling of the Memorandum of Association (eMOA) and the Articles of association (eAOA);
  3. Corporate income tax registration (PAN and TAN): After obtaining the MCA issued Certificate of Incorporation, Healy Consultants completes online tax registrations with Income Tax Department (ITD). The process requires to e-file i) form 49A to obtain a Permanent Account Number (PAN) and ii) Form 49-B to secure a Tax deduction and collection Account Number (TAN). If required, we also register the company for VAT;
  4. Corporate bank account opening: Our Firm assists our Client to open a local multi-currency corporate bank account with a top tier Indian bank, by submitting a complete and detailed application;
  5. Injection of share capital: Once the corporate bank account has been approved, our Client must deposit the minimum share capital of US$1,650 (INR100,000) within 2 months. Our Client then provides a certificate of deposit to obtain a Foreign Direct Investment Certificate from the Reserve Bank of India.

Post-incorporation steps

  1. Application for social security: If necessary, Healy Consultants assists our Client to register for social security with the Ministry of Labour & Employment;
  2. Engagement completion: The process of India company registration is complete. Our Firm then couriers a full company kit to our Client including the following documents: i) original corporate documents ii) unopened bank correspondence and iii) feedback form.

List of documents required for incorporation

The following are necessary to incorporate a company in India:

Click here to see detailed engagement procedures to setup an Indian limited liability company

Frequently asked questions

Contact us

For additional information on our company incorporation services in India, please contact our in-house country expert, Mr. Simon Guidecoq, directly:
client relationship officer - Simon