Binish C (Student) (54 Points)
05 July 2009Hello All,
At the time of incorporation of a new company, If one of the promoter director is an NRI having permenent living address outside india and wants to be one of the Memorandum of Assosiation (MOA) subscriber-
1). What will be the procedure?
2). Does he/she requires to Notary himself/herself at outside indian or within india or need some documents from the Embassy?
3). What other points have to take into consideration?
Wainting for the reply with anticipation.
Regards,
Binish.
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 06 July 2009
Binish C
(Student)
(54 Points)
Replied 07 July 2009
Thank you Ajay Sir for your kind instructions.
Now apart form the RBI's general permission -
- Does he/she requires to Notary himself/herself at outside indian or within india or need some documents from the Embassy for act as one of the subscriber and first director of the company.
Regards,
Binish.
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 08 July 2009
Dear Binish
In case u appoint a NRI as Director u first take Director Identification Number (DIN) of such director. In case u obtaining DIN of NRI u must follow the process given in point no.7 of general instruction for DIN Application regarding notary outside India.
Best Regard
Binish C
(Student)
(54 Points)
Replied 11 July 2009
Hello All,
Thanks Ajay sir for your response.
I got few instructions which I would like to share with all.
The photograph, identity proof and address proof should be attested at the embassy / notary of the country in which he resides. Also a certified copy of the valid passport should be enclosed.
Regards,
Binish
niharika
(cs)
(21 Points)
Replied 22 April 2010
dear sir,
wht abt moa and aoa , how that should goin to be witnness
The MOA /AOA should be witness by the Indian Embassy.
and send that documents to the Indian Promoter, then after Indian Promoter will subscribe the same and file Incorporation forms with ROC.
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Unmesh
(Consultant)
(83 Points)
Replied 12 May 2011
Suppose a NRI is forming a new co for authorised capital of rs 5000000, in which he will be 50% shareholder share breakup if 500000 shares of rs 10 each, co will do business of trading of fertilser etc. do he need to take any approval of FIPB and also he will give his portion of equity through nri account operated in india, do he need to to intimate to rbi.
namrata
(company secretary )
(422 Points)
Replied 12 May 2011
Hi,
My query is wen there is name change after the New name we write Formerly Known as . Can anyone tel me for how long is the term used,is there any specific time period for the same.
Regards
Namrata Pai
CA. Anuj Gupta
(Practices in NRI Int.Tax FEMA TP FDI/FIPB & FCRA)
(7024 Points)
Replied 09 October 2011
| Originally posted by : Unmesh | ||
 |
Suppose a NRI is forming a new co for authorised capital of 5000000, in which he will be 50% shareholder share breakup if 500000 shares of10 each, co will do business of trading of fertilser etc. do he need to take any approval of FIPB and also he will give his portion of equity through nri account operated in india, do he need to to intimate to rbi. |
 |
No approval from RBI is required in the present case, however certain compliances need to be undertaken based on whether the money is received in India on repatriable or non repatriable basis.
Anuj
+91-9810106211
femaquery @ gmail.com
CAclubindia
