How can I register my company legally in India?

Asked by: Dion Trantow  |  Last update: November 4, 2023
Score: 4.5/5 (2 votes)

If you intend to register a new company in India, you must submit an application to the Ministry of Corporate Affairs (MCA). You make the application online at the MCA portal remotely too. For registration, you'll need a Digital Signature Certificate(DSC), and Director Identity Number(DIN), among other things.

How can I register my own company in India?

There are four things to keep in mind if you are worried about how to register a company in India online.
  1. Director Identification Number (DIN) ...
  2. Digital Signature Certificate (DSC) ...
  3. Registration on the Ministry of Corporate Affairs (MCA) Portal. ...
  4. Certificate of Incorporation.

How can I make my company legal in India?

What All Are The Basic Legal Requirements To Start A Business In India?
  1. Company Name Availability. ...
  2. Business Entity Registration. ...
  3. Founder's Agreement. ...
  4. Legal Licenses And Permits. ...
  5. Adherence To Labour Laws. ...
  6. Intellectual Property Registration and Protection. ...
  7. Non Disclosure Agreement.

Can I register a company in India from USA?

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.

Can a US LLC do business in India?

Expatriates are allowed to work on rolls of Limited Liability company. All income arising out of its business activities. It can also issue invoice from India. A limited Liability company actually does business in India and is, therefore, subject to corporate tax @ 25% (for turnover upto Rs.

How to Register a Company in India: Business Structure, Documentation, Legal Compliance and Process

38 related questions found

Can American have business in India?

To have a permanent establishment in India, a foreign company or national can either form a private limited company in accordance with the Act or form a limited liability partnership as per the provisions of the Limited Liability Act, 2008.

Can a foreigner open a company in India?

Almost all sectors (except for few prohibited sectors) can welcome Foreign companies to set up business in India via FDI (either through the Automatic Route or through the Government Route) A PLC must have at least two shareholders and can have a maximum of fifty shareholders.

How can I start an LLC in India?

How To Register LLC in India
  1. At least two partners are required, with one or both partners equipped with DPIN and DSC.
  2. Form-7 is submitted for acquiring these identification particulars.
  3. Application for approval of the proposed names for the firm, is made with the Form-1, in accordance with the guidelines of the MCA.

How long will it take to register a company in India?

In India, registering a Private Limited Company typically takes 10-18 working days, provided all the required documents are submitted, and there are no complications. However, the actual time may vary depending on various factors.

Can I sue a USA company from India?

A company which is based in USA must be having their liaison offices in india. You can sue them. You can also sue them in india and the court shall issue notices to the company. Also the IT sector ombudsman should be contacted and the organisation for IT should be kept in the loop.

Can anyone register a company in India?

If you intend to register a new company in India, you must submit an application to the Ministry of Corporate Affairs (MCA). You make the application online at the MCA portal remotely too. For registration, you'll need a Digital Signature Certificate(DSC), and Director Identity Number(DIN), among other things.

Should I register my company in India?

Register your Company When You Need To

Most investors and angels will invest in your company only after going through your incorporation certificate. Hence, companies will need to register themselves formally when they start looking for external investment.

Can LLC be registered in India?

LLC (Limited Liability Company) is a business structure that has become popular worldwide. In India, LLCs can be registered as Limited Liability Partnerships (LLPs) and Private or Public Limited Companies.

How can I register my company in India by NRI?

In order to register a Private Limited Company or Public Limited Company by an NRI, the identity proof, address proof as well as documents regarding Indian origin are required. Every one of these documents is required to be attested through the Indian embassy or notary public.

How is a US LLC taxed in India?

Taxation of an Indian resident in the case of an LLC

If the LLC opts for C-Corp taxation (i.e., a non-intermediary business), the Indian resident can earn income from the U.S. in the form of salary or profit and it will be taxable under the local laws of India. Note: Indian residents cannot elect taxation as an S-Corp.

Is LLC taxable in India?

Moreover, in a private limited company, taxation is at the rate of 30%. In addition to the general levy of the income tax act, there are certain additional taxation charges that private limited company attracts.

How is an LLC taxed in India?

LLPs are taxed separately and pay a fixed rate of 30% in income tax on their earnings. Additionally, the Alternate Minimum Tax (AMT) at a rate of 18.5% of an LLP's adjusted total revenue may also apply.

Can I be NRI and work for company in India?

NRIs are permitted to serve as directors of Indian companies under the Indian Companies Act, 2013 and they will have to apply for a digital signature certificate and then obtain a DIN before becoming a director in a company,” adds Sehgal.

Can a single person start a company in India?

According to Section 2 (62) of the Company's Act 2013, a company can be formed with just 1 director and 1 member. One Person Company registration in India is a type of entity where there are lesser compliances requirements than that of a Private Limited Company.

Is it worth it to do business in India?

As a result, the country has jumped 14 places to 63rd position on the World Bank's Doing Business 2020 study. New business reforms have also earned India a place among the world's top ten improvers for the third consecutive year according to the same study.

How does a US citizen open a company in India?

List of documents needed for registering a corporation in India from USA
  • A copy of your valid passport.
  • A copy of driver's license (DL) from the issuing country.
  • Voter ID.
  • Social Security Number.
  • Bank statement of your bank.
  • Photographs.
  • A resident permit that's issued by the Indian embassy.

Can I live in India and work for US company?

If you're a non-US citizen, yes: You can work abroad for an American company. However, you need to make sure you're correctly classified—either as an employee or contractor. If you're misclassified, both you and the hiring company face a very real risk of legal consequences and possible financial penalties.

Is it better to start a business in India or USA?

However, overall, it is generally considered easier to start a business in the US than in India. The process is more straightforward and there are fewer restrictions. Additionally, the US has a lower corporate tax rate than India.