Joint Venture

Both Companies Incorporated Outside India and incorporate a New Joint Venture Company in India

One Company Registered Outside India And Other Indian Company and incorporate a New Joint Venture Company in India

Foreign Company purchase the stake in Indian Foreign Company

Joint Venture Companies in general, refer to the collaboration of two or more business entities to do business to share the Profit/Loss, Liabilities, Experience, Technology, Market and Risk.

Joint Venture may be created in the form of Private Company, Partnership Firm, Cooperative Agreements or Strategic Alliances. But,foreign companies considering a joint venture in India typically prefer a Private Limited Company (limited by shares) as the joint venture vehicle because it gives recognition in the eyes of law, market and Bankers.

Under the Joint Venture through Private Company, two parties (Companies) subscribe to the shares of the newly incorporated joint venture company in agreed proportion and start a new business. Further, Foreign entity can also purchase the stake in Shares in existing Indian Company.

Foreign companies are also free to open branch offices in India. However, a branch of a foreign company attracts a higher rate of tax than a subsidiary or a joint venture company. The liability of the parent company is also greater in case of a branch office.

 

(1)    Board Resolution by all corporate entities, statutory bodies, organization being promoters of the proposed company, the said resolution empowering to :

 

  1. allow use of the ‘brand /trade name’ of the corporate promoter, by the proposed company i.e. giving its No-Objection ; if any
  2. subscribe to the equity share capital of the Company stating the extent and manner of shareholding &
  3. make the necessary application with the Registrar of Companies (hereinafter referred to as “ROC”).

 

 

 (2)    Power of Attorney in favor of the professional who shall carry out necessary formalities regarding the incorporation of the company executed by all the subscribers.

(3)    Any Other Documents and Information as required by the Statutory Authorities.

In case of foreign entity/nationals / NRI’s, the same shall also be notarized /appostiled/ Consularisedas per the required law.

 

2-3 Weeks after receiving of requisite information and documents.

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