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Query regarding formation a pvt. company

Dhananjay Reddy (Audit Manager) (194 Points)

12 September 2012

Dear frnds pls. Clarify me regarding the following. A company was incorporated in USA by NRIs. The nature of the company was to recruit persons in India for employment in USA. Now NRIs wants to establish a pvt. Company in India to look after the business in India. The company in USA will transfer funds to indian company for administrstion purpose. The indian company will work purely for the company in USA. So frnds can anybody tell how the company is to be incorporated in india and its proceedure. Thanks in advance.

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4 Replies

CS. DISHA SHAH (Properitor of D. M. SHAH & CO. COMPANY SECRETARY) (394 Points)
Replied 13 September 2012

Hello,

ya you can easily incorporate pvt. company in India but, it will be advisable to appoint any professional for the same in India, as also you required DSC of professional for the incorporation of the company. Now the question is what will be the business of the proposed company , its of recruiter type or else,, pls. clarify that first then can say,,,

except the obj. clasue,

you first required to take din of the two persons, whom you wanna appoint as Director of the Company,

after getting din no. , apply for the name approval of the proposed company,

and then for the incorporation of the company you required , to file e-form 1, 18 & 32.

and can incorporate pvt. company easily.

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Dhananjay Reddy (Audit Manager) (194 Points)
Replied 13 September 2012

Thank you Dish,

the objective of incoporating a company in India is to purely work for US company. i.e., Indian company will recruit persons for employment in USA. For this the US company will transfer funds to Indian company to look after admin. exp. of Indian Company.

My doubt is whether company should be promoted by Indians or NRIs or US company ???

Pls clarify me in detail..

CS. DISHA SHAH (Properitor of D. M. SHAH & CO. COMPANY SECRETARY) (394 Points)
Replied 13 September 2012

You are most welcome,,

A company can be promoted by NRIs also but it will be fyn if you promot it by Indian coz, if you promot it by NRIs, there are some issue relate to signing of MOA ,AOA and also if both the directors are NRIs, company has to appoint one Indian person as a director to look after the company, so it will be good if you can appoint two indian person to promot the proposed company.