Wondering how to register a company of your own in India while you are in USA? In this article, we will talk about the steps to register a company in India while you are in USA, which all entities can you form and which documents are needed for the company registration process as a foreign national in USA.

You might be staying in USA but have some brilliant idea and want to start some business and register a company in India. The good news is that you can go ahead and do that easily as the Companies act 2013 allows foreign residents to start a company in India if they comply with all the Indian laws.

How can you register a company in India from USA?

The first and foremost step is to decide on which business entity you want to form according to the business model you are planning. The options are to register as a Partnership, an LLP, Private Limited Company etc. However, it is best to register as a Private Limited Company or a Limited Liability Partnership as these entities involve lesser compliances and legal formalities.

The pre-requisites for registering a company in India from USA

There are some pre-requisites that you must fulfill so as to be able to launch a company in India from USA. They are: 

• You need to have at least one Indian director who is a resident of India and you must also have all proper documents and KYC details.
• It is also important to check the Foreign Direct Limit because in case the sectors come under the Automatic Route process, you will not need RBI’s prior approval. But, in case the sector you choose comes in the category of 100% FDI route, then you will need a prior permission of the relevant Ministry of Central Government or RBI to start an enterprise. You then also need a Name application for your company and prepare for MOA and AOA of your proposed company.
• Lastly, ensure that you have the needed documents for registration and all the documents are notarized from required officials.

List of documents needed for registering a company in India from USA

You need to submit the following documents:

• A copy of your valid passport
• A copy of Driving license (DL) from the issuing country
• Voter ID
• Social Security Number
• Bank statement of your bank
• Photographs
• A resident permit that is issued by the Indian embassy
• A copy of a valid Business visa that is issued to the foreign national

The documents required in case of a foreign company trying to form a company in India:

• A certificate of incorporation which proves that the company has been legally incorporated
• A board resolution of the foreign company
• Valid address proof

The steps of registering a Company in India from USA

Recently, a new process has been introduced by the Indian Government so that people can register a company in India from USA. The process states that:

• The applicant should possess a User Account on the MCA Portal in India. Having an account enables you to directly proceed for company registration.
• Then, you must apply for DSC. For this purpose, you should directly go to the certifying authorities and carry all the legal documents along with the application for Digital Signature.
• Then you need to sign in to the MCA Portal and go to the following link to apply for the name of the company by using the run form – http://www.mca.gov.in/mcafoportal/runService.do.
• While looking for a name, check in the exiting database to confirm if the name you want is available or not. You need to submit the RUN Form along with the fee of Rs. 1000. MCA personnel at the Central registration Centre check for the name and if it comes out to be unique and not used previously, then it is sanctioned.
• Now the next step is to apply for the DIN Number or Director Identification Number. For this, you need to fill the SPICE Form. Here, you need to specify the details of the director who wants the Din to be allotted. The person also needs to submit his/her Pan Card and Passport copies.
• After the above steps are done, you get a Certificate of Incorporation and your company is formed in India from the USA.

Please note that you might need a professional to get the above tasks done. We, at IMC, have an experienced team who can assist you in getting a Digital Signature and the complete process in the shortest span possible. Do get in touch with us and we will be glad to assist you.