Setting up WOS
A foreign entity can register a Company in India as its Wholly Owned Subsidiary and start doing business in India
Register an Indian Company as a Wholly Owned Subsidiary in India with 100% shares held by the foreign entity
Foreign companies can set up wholly owned subsidiaries in sectors where 100 percent foreign direct investment is permitted under India’s FDI policy.
The promoters / shareholders / directors can all be foreign nationals of the Indian company being incorporated.
For incorporating your Wholly Owned Subsidiary, you will require-
a) Minimum 2 Shareholder's and Director's: Foreign Company shall be the majority shareholder and any other 2 individuals (preferably employees of Foreign entity) can become the Directors of the proposed Company. The 2 individuals can be related parties.
For example, ABC LLC, USA wants to register a Wholly Owned Subsidiary in India to do Information Technology business. They can easily select the Package and get their Wholly Owned Subsidiary in India Registered. ABC LLC, USA will hold 99.99% shares in the Company set-up in India. ABC LLC, USA will also nominate 2 individuals (can be foreign nationals or Indian nationals) to act as Directors of the WOS Company. Also, atleast 1 Director must be present in India for more than 182 days during the year.
b) Director Identification Number (DIN): Every proposed Director must obtain a Director Identification Number (DIN) prior to his appointment as a Director in the proposed company. In case you don’t have a DIN, select the required DIN’s based on the number of Directors in our Package Calculator above and we will obtain your DIN. Foreign Nationals must provide copy of notarized/apostiled Passport.
For example, XYZ Corporation, Japan wants to register a Wholly Owned Subsidiary in India to do Automobile industry business. They can easily select the Package and get their Wholly Owned Subsidiary in India Registered. XYZ Corporation, Japan will hold 99.99% shares in the Company set-up in India. XYZ Corporation, Japan will also nominate 2 individuals (can be foreign nationals or Indian nationals) to act as Directors of the WOS Company. Both the Individuals must apply for DIN to become directors in the WOS.
c) Digital Signature Certificate (DSC): Every proposed Shareholder & Director must obtain a Digital Signature Certificate. In case you don’t have a DSC, we will obtain your DSC. Foreign Nationals must provide notorised/apostiled copy of DSC Application Form and Passport.
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Digital Signature Certificate (DSC)
a) Filled and Signed copy of DSC Application Form duly notorised/apostiled
b) Self Attested copy of Passport of the Applicant duly notorised/apostiled
d) Passport size photograph to be affixed on DSC Application Form
Director Identification Number (DIN)
a) Self attested Copy of Passport of the Applicant duly notorised/apostiled
b) Passport size photograph of all the proposed Directors in .JPEG format.
Company Registered Office Address Proof
a) Latest Electricity Bill self-attested by the Owner
b) If the Registered Office premises is on rent, a NOC from the Landlord in favor of the proposed company (format to be provided by Lawpath India).
c) If the Proposed Company's Registered Office is owned premises, than the copy of latest electricity bill
On an average, a Wholly Owned Subsidiary Company registration process take 5-6 weeks
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