Foreign Director / Subscriber

(Documents to be apostilled and notarized at the home country)

Address Proof – Driving License/Bank Statement/ Telephone bill/ Mobile Bill/ Electricity bill

(Not older than 2 months)

Address Proof – Aadhaar/Driving License/Bank Statement/ Telephone bill/ Mobile Bill/ Electricity bill/ Passport

(Not older than 2 months)

Documents/Information required by the Holding company:

1. Certificate of Incorporation of Holding Company (Notarised and Apostilled)

2. Chartered Documents (MOA, AOA) of Holding Company (Notarised and Apostilled)- All the documents pertaining to Holding company

3. A copy of Company Master details of the Company available in Official website of the Ministry

4. Utility Bill of Holding Company, not later than 2 months. (Notarised and Apostilled)

5. Registered Office address with PIN and Country Code

6. Contact Number, ISD Code and Email ID of Holding Company

• Mandate requirement to obtain Digital Signature Certificate (DSC) of Shareholders/ Director for filing of Forms with MCA.
• The above-mentioned KYC documents shall suffice to obtain Digital Signature
• The process of obtaining DSC shall be done by Chhota CFO.
• Requisite OTP and Video Verification process will be elaborated to applicant by Chhota CFO

Object Clause:

• The Object Clause is the brief details of the business the Company intends to carry out/ the objective of the Company.
• The detailed object clause shall be prepared by Chhota CFO and sent for confirmation

Name Clause

Obtaining Name Approval from Central Registration Centre (CRC) under Ministry of Corporate Affairs, India

• Maximum 2 Proposed Names to be given-

o   The proposed name could be the same name of Holding Company or any other name can also be given.

• Board Resolution to be recorded in Holding Company

o   On confirmation of name to be availed, a board resolution be recorded by the Holding Company mentioning their no-objection for using the name and details like Proposed Directors, Proposed Subscribers, Authorized Capital and Paid up Capital and Authorized Person to sign all the necessary documents and filings with MCA or any other Authority shall be mentioned.

o    Chhota CFO shall assist in preparation of Board resolution

Subject to the availability of Rule 8 of the Companies (Incorporation) Rules, 2014 and Section 35 of the Trademarks Act, 1999 and the rules framed thereunder, the Proposed Name shall be approved.

Note: Once the name is approved from Ministry, the name shall be valid only for 20 days initially and can be extended further for further required period upto maximum of 60 days by payment of additional Name approval Extension fee to the Ministry.

Capital Clause

Authorized Capital and Paid-up Capital:

Please provide the details of Authorized Capital (AC) and Paid-up Capital (PUC) of the Company. Also, provide the details of shares held by each subscriber.

(Suggestion: AC may be INR 10 lakhs and PUC may be INR 1 lakh, as there is no government fee up to this limit. Only stamp duty based on State is applicable.)

Situation Clause:

Finalisation of place of business / Registered Office in India:

Registered Office is mandate requirement for registering business in India.

In case of Let out Premises:

• Rental/Lease Agreement,
• Utility Bill (Electricity Bill) and
• No Objection Certificate to be obtained from the landlord

In case of own Premises of any Director in India:

• Property Tax paid Receipt
• Utility Bill
• No objection from Director to let out the premises for Registered Office of the Company

Chhota CFO shall assist in preparation of below documents and shall send for signing of the Directors/ Subscribers.

The further process of apostillisation and notarization are to be completed at the Home Country within 12 days.

1.   Memorandum of Association (MOA)

2.   Articles of Association (AOA)

3.   Form DIR-2 (Consent to act as a Director of a Company)

4.   Form INC-9 (Declaration by Subscribers and First Directors)

Spice+ Form is an Incorporation form to be filed with Ministry of Corporate Affairs with details of company information, directors, subscribers, Authorized Capital, Paid up Capital, Subscription amount by each Subscribers and other necessary information corresponding towards the Incorporation of Foreign subsidiary company.

The various apostilled and notarized documents to be attached along with Chartered documents i.e., MOA and AOA, including the proof of business place and KYC documents of Directors.

Certificate of Incorporation: On approval, the Certificate of Incorporation from Ministry of Corporate Affairs shall be sent through registered mail ID which includes the Date of Incorporation, PAN, Tax Deduction and Collection Account Number (TAN)

Permanent Account Number (PAN): The Income-tax Department allots PAN and shall be sent via mail from no-reply@nsdl.co.in to registered mail id of the Company. The password for opening the PDF file is date of birth/incorporation in DDMMYYYY format.

Tax Deduction and Collection Account Number (TAN): The Income-tax Department allots PAN and shall be sent via mail from no-reply@nsdl.co.in to registered mail id. The password for opening the PDF file is six digit PIN code mentioned in the TAN Application Form (Pin code of Registered office/Corresponding Address specified in Incorporation form).

Quoting of TAN is required in all TDS challans, TDS Certificates, TDS returns, Tax Collection at Source (TCS) returns as well as other documents pertaining to such transactions.

Director Identification Number (DIN): The Ministry of Corporate Affairs allots DIN to Director by sending mail from MCA21 Administrator (MCAADM@mca.gov.in) to their registered mail id. The Director needs to save the mail and DIN Allotment letters for future references and mention DIN in all communications related to ROC and Ministry.

Other Registration included in Spice+ are : (No specific approvals are given by the Departments)

• Employees State Insurance Corporation (ESIC)
• Employees Provident Fund Organization (EPFO)
• Profession Tax Registration (PT) – Applicable only for the Companies registered in the State of Maharashtra
• Opening of Bank Account: Information shall be sent to the selected bank officials and they would connect the Company for Opening of the Current Bank Account.