Written by:
Ankit Nagpal

Requirements for Incorporation of Subsidiary Company/ Wholly Owned Subsidiary Company in India.

Published on:
September 12, 2021
Subsidiary Company: Subsidiary Company means, a Company in which other Company holds at least 51% of Shares/Voting Rights. i.e. Holding company enjoy majority of control Over subsidiary company.
  Wholly Owned Subsidiary: Means a company in which other company holds 100% Shares/Voting Rights. i.e. Holding company enjoy Full of control over wholly subsidiary company.   Note : Requirements of Documents are same in the case of  subsidiary company and wholly owned subsidiary company)

1. Purposed Name (s) of Company

2. Nature of Business to carried out

3. Address of the Reg. Office

4. Names of Shareholders and Directors

Private Limited Company:  Minimum Two Directors, one of whom shall be a person, who has stayed in India for a total period of not less than 120 during the financial year.
  Public Limited Company: Minimum Three Directors and Seven Shareholders.   (Directors and Shareholders can be the same persons.)

5. Total Authorized and Paid Up Capital

6.  Number of Shares to be taken by each

7. In Case of Foreign National-

For Individual

  • Copy of Passport
  • Mandatory Copy of Latest Bank Statement/Utility Bill/ Telephone Bill. Not older than One Month

For BODY CORPORATE

-  Copy of Registration Certificate of Foreign Entity

- Reg. Office Address

- Copy of Latest Utility Bill of the Reg. Office Address

-  Copy of Resolution authorizing any person to sign the MOA on its behalf

- Copy of Passport of Auth. Person

- Copy of Latest Bank Statement/Utility Bill/ Telephone Bill. Not older than One Month of Auth. Person.

In case Foreign National is in a country of the Commonwealth – his signatures and proofs shall be notarized by a Notary (Public) in that part of the Commonwealth.   In case Foreign National is in country which is a party to the Hague Apostille Convention, 1961 - his signatures and Proofs shall be notarized before the Notary (Public) of the country of his origin and be duly apostillised in accordance with the said Hague Convention.   In other case: his signatures and proofs shall be notarized before the Notary (Public) of such country and the certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer or by any of the officials mentioned in section 6 of the Commissioners of Oaths Act, 1889.
If the Foreign National visited in India and intended to incorporate a company, in such case the incorporation shall be allowed if, he/she is having a valid Business Visa.   (Requirement of Business Visa shall not applicable in case of person of Indian Origin or Overseas Citizen of India)

8. In case of Indian National-

- Self Attested Copy of Aadhar Card.

- Self Attested Copy of PAN-Mandatory

- Self Attested Copy of Address proof being any of Bank Statement/Electricity Bill/Telephone Bill/Mobile Bill not older than one month

9. Passport Size Photograph of each Member/Director

10.  Mobile No. and Email Id of each Director/ Shareholder

11.  Educational Qualification and Occupation of Each Member/Director

12.  Copy of Rent Agreement/Title Proof/Lease Deed/Allotment Letter etc of the Reg. Office

13.  Latest Copy of Utility Bill of the Reg. Office (Not older Than Two Months)

14.  NOC from Owner of the premise for Reg. Office

15.  Name of Bank in which Bank Account to be opened (currently out of PNB and ICICI Bank)

16.  Name of Director to be authorized as Bank Signatory and EPFO.

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