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    FOREIGN COMPANY

    Posted By : Shivam / Published on : 31-May-2018 08:06 AM / View : 436 / Comment : 2

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    Is it mandatory for the director of the foreign company to have DIN to establish the place of business in India? under what rules/ provision/ sec?
    Read more on : company foreign

    • Dear Shivam,

       

      Its depend on the structure of the Entity:

      1. Company

      2. Extension of foreign entity (Liaison/Branch/Project office)

      If by 1st mode, 1. Company

      process for setting up a private limited company in India by foreigners: The brief steps required for setting up a company are as follows:

      Phases Activity Steps
      I Obtaining Director’s Identification Number # (DIN) & Digital Signature (DSC) for the proposed directors a. Obtaining the proof of identity and proof of address from the proposed directors (notarized and apostiled in case of foreign directors)

      b. obtaining of DIN for the proposed directors and obtaining DSC

      c. At the time of incorporation of company, it is mandatory to submit particulars of registered office.
           
           
           

      Then Is it mandatory for the director of the foreign company to have DIN to establish the place of business in India by establising Company.

      Basic conditions

      • At Least 2 Promoters [Section 3(1) (b), Companies Act].
      • At Least 2 Directors [ Section 149 (1)(a), Companies Act]. At least one of the two directors must be a resident of India. [ Section 149 (3), Companies Act].
      • DSC for directors [ Companies (Appointment and Qualification of Directors) Rules, 2014, Rule 6(2)(a)].
      • DIN for directors [ Section 152, 153, and 164, Companies act, read with Companies ( Appointment and Qualification of Directors) Rules, 2014 and Companies Director Identification Number (Second Amendment) Rules, 2011].
      • Registered office in India [ Section 12, Companies Act]..

       

      08-06-2018 / 01:36:50 PM
      Reply
    • Noted!!  and Thanks for the clarificatio.. well explained

      18-07-2018 / 04:24:13 AM
      Reply
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