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Company Registration>

The Foreign Subsidiary Company

The Foreign Subsidiary Company

Are you a Foreign Subsidiary Company operating in India? Comply with the regulations of the Indian Companies Act & enjoy the relevant benefits & protections.

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FAQ's on The Foreign Subsidiary Company

Why can’t an e-MOA and an e-AOA be used by foreign companies to establish a subsidiary or WOS in India?

An e-MOA and an AOA can not be used by foreign companies because, in compliance with Rule 13(5) of the Company (Incorporation) Rules, 2014, MOA and AOA signed by a person residing outside India, which should be apostilled or notarised by the notary of the country of origin.

Does the ID proof of foreign subscribers require it to be legalised and notarised from the country of origin by a public notary?

ID proof of the approved foreign company representative / foreign company nominee requires to be apostilled in the country of origin if that person is not an Indian citizen.

How many digital signatures are required for the incorporation of a foreign company subsidiary / WOS?

Just one digital signature will be sufficient. Since the DSC is affixed only on the "INC-32" type of SPICE, there is no need to attach the DSC to the MOA / AOA subscriber sheet, as a physical MOA / AOA is used for business incorporation.

Can a non-resident be an Indian business managing director?

Yes. An Indian company should have at least 2 directors, one of them as an Indian Resident, and then one person as a foreign director of an Indian Company

Under which circumstances are documents from international subscribers not allowed to be apostilled?

Under Rule 13(5), if foreign subscribers arrive on a "Business Visa" to India, then the documents are not necessary to be apostilled.

If foreign subscribers arrive on a visa, that is not a business visa, in India and sign the documents in India, is it required for the documents d to be apostilled or notarised, in the country of origin?

As the foreign subscriber is present in India, and the documents have indeed been signed in India, the documents are required to be apostilled and notarised in the country of origin, in the absence of a Business Visa.

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