Details Required for Incorporation of a Joint
Venture Company in India
a)
Board Resolution by all corporate
entities, statutory bodies, organization being promoters of the proposed
company,
b)
the said resolution empowering to : allow use of the ‘brand /trade name’ of the
corporate promoter, by the proposed company i.e. giving its No-Objection ;
c)
subscribe to the equity share capital of the
Company stating the extent and manner of shareholding &
d)
Make the necessary application with the
Registrar of Companies (hereinafter referred to as “ROC”). Information Required
:
Proposed signatories to Memorandum
Details
a) Name, Occupation
& Complete Address of one of the Co-Promoters, who shall sign the said Form
1A;
b) Name of at least two promoters;
c) State wherein Company’s registered office
is proposed;
d) Category of
Proposed Company – Public or Private;
e) Proposed ‘Names’ of
the Company & a brief significance of the said Names.
f) Main Objects of the Proposed Company (in
brief).
First Directors Details
(At least 2 directors for a Private Company
and 3 directors for a Public Company):
Name of Director Father’s Name
Nationality Occupation
Date of Birth
Voter’s I.D. No. / Passport No. / Driving License No.
E-Mail I.D. (Optional) Permanent Residential Address (With Name of
State, Country & PIN Code)
Permanent Residential Address (With Name of
State, Country & PIN Code)
Present Residential Address (With Name of
State, Country & PIN Code) Corporate
Identity Number (CIN) of any Indian Company wherein he is a director or
promoter.
Documents required for
obtaining DIN
To obtain Director
Identification Number (DIN) for all proposed directors,
a) Copy of Identity
Proof (Passport, Driving License, PAN Card etc.)
b) Copy of Address
Proof (Passport, Driving License, Electricity Bill, Ration Card, Telephone
Bill, bank Statement etc.
c) Two Passport size photographs d) Copy of
Valid Passport (mandatory in
Case of
Foreign Nationals / NRI’s);
In case of foreign
nationals / NRI’s, the said documents shall have to be notarized /apostilled by
the Notary of the Home Country of the proposed director.
The attesting
authority must indicate the following while attesting the documents – Name in
full, Signatures, Seal/Stamp & Registration No.
Submit a Translated
Copy (duly attested) in case the original document is in a language other than
English or Hindi.
In case
Identity Proof does not have date of birth and/or Father’s name, or in case the
same does not tally with the DIN Application Form, additional proof (duly
attested) shall have to be submitted.
To Obtain Digital Signatures for
at least one proposed Director
a) Copy of the
Identity Proof (Passport / Driving License etc.)
b) Copy of Address Proof (Electricity Bill,
Ration Card, Telephone Bill etc.)
c) One Passport size photograph
Memorandum & Articles of
Association:
a) A brief details of
the main objects of the proposed Company.
b) Copy of JV
agreement, if any
c)
To
get the Memorandum and Articles signed by all the subscribers in their own
hands, wherein they write their name, father’s name, occupation, address and the
number of shares subscribed for. The same is to be witnessed by at least one
person.
d)
In
case of foreign nationals / NRI’s, the same shall be notarized /apostilled by
the Consulate General of the Indian Embassy situated in that Country.
Director Details
a) Details
of Directors in respect of the following: - Designation of Director (Director,
Managing Director, Whole-time etc.
b) Category
of Director (Chairman, Executive Director or Non-Executive Director).
c) Complete
address of the registered office of the Company (with Name of District, State,
Country, Pin Code), E-Mail I.D. of Company.
d) Complete
address of the Police Station in whose jurisdiction the registered office of
the Company is situated (with Name of District, State, Country, Pin Code)
e) Name,
Father’s Name & Present Residential Address of all subscribers.
f)
Documents Required: a) Consent
Letter(s) signed by each director in the prescribed format.
g) In
case the foreign national/NRI is not available in India, then the Special Power
of Attorney shall have to executed on a plain paper and notarized /apostilled
by the Consulate General of the Indian Embassy situated in that Country. The
SPOA holder shall further sign the SPOA and appropriate stamp duty will be paid
in India.
Dear Sir
ReplyDeleteKindly advise on the below query, I shall be thankful.
If the subsidiary of foreign company purchase stake of 51% in India company, can the part of sale consideration be paid in future.
Early reply will be much appreciated.
Best Regards,
Waseem
Notification No.FEMA.368/2016-RB May 20, 2016
ReplyDeleteIn case of transfer of shares between a resident buyer and a non-resident seller or vice-versa, not more than twenty five per cent of the total consideration can be paid by the buyer on a deferred basis within a period not exceeding eighteen months from the date of the transfer agreement. For this purpose, if so agreed between the buyer and the seller, an escrow arrangement may be made between the buyer and the seller for an amount not more than twenty five per cent of the total consideration for a period not exceeding eighteen months from the date of the transfer agreement or if the total consideration is paid by the buyer to the seller, the seller may furnish an indemnity for an amount not more than twenty five per cent of the total consideration for a period not exceeding eighteen months from the date of the payment of the full consideration.
Provided the total consideration finally paid for the shares must be compliant with the applicable pricing guidelines.”