Setting Up LLC In India
We specialise in understanding the needs of US companies and deliver customized legal solutions to guarantee a smooth and successful process for setting up LLC in India.
With experience in cross-border legal matters, we offer dedicated support for US entities looking to set up LLCs in India, from initial consultation to full legal compliance.
We specialize in providing a seamless experience for US clients setting up an LLC in India, ensuring compliance with all local regulations.
Step-by-Step Process of Setting Up an LLC in India for US Companies
Type of LLC: In India, an LLC is typically referred to as a Private Limited Company (Pvt Ltd).
Decide whether you want to form a wholly-owned subsidiary or a joint venture.
Foreign Ownership: Ensure compliance with Foreign Direct Investment (FDI) norms. 100% FDI is allowed in most sectors under the automatic route, meaning no prior government approval is required.
Name Availability: Ensure the name is unique and not already registered. The name should end with “Private Limited.”
Apply for Name Reservation: Use the RUN (Reserve Unique Name) service on the Ministry of Corporate Affairs (MCA) portal to search for the name.
Director Requirements: At least two directors are required, one of whom must be an Indian resident.
Director Identification Number (DIN): Obtain DIN for all directors through the SPICe+ form on the MCA portal.
Digital Signature Certificate (DSC): Apply for DSC for the directors, as it is required for filing online documents.
Foreign Directors: Documents like passport, proof of address and recent photographs of foreign directors should be notarized and apostilled.
Indian Directors: Provide PAN card, Aadhaar card and proof of address.
Registered Office Proof: A rental agreement or property deed, along with a no-objection certificate (NOC) from the property owner.
MOA: Defines the scope of activities the company will undertake.
AOA: Outlines the rules and regulations for the management of the company.
Stamp Duty: Pay the required stamp duty on the MOA and AOA.
SPICe+ Form: Use the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form for company registration, which integrates multiple services like DIN allotment, PAN and TAN application.
Upload Documents: Submit the MOA, AOA and other required documents through the MCA portal.
Permanent Account Number (PAN): Required for tax-related transactions.
Tax Deduction and Collection Account Number (TAN): Necessary for withholding tax purposes.
These can be applied for through the SPICe+ form or separately through the NSDL website.
Goods and Services Tax (GST): Register for GST if the company’s annual turnover is expected to exceed INR 20 lakh (or INR 10 lakh in special category states).
GSTIN: This unique identification number is mandatory for conducting business in India.
Company Bank Account: Open a corporate bank account in India in the company’s name.
Initial Deposit: Deposit the minimum paid-up capital required by the company as per the MOA.
Share Certificates: Issue share certificates to the subscribers of the company within 60 days.
First Board Meeting: Conduct the first board meeting within 30 days of incorporation.
Accounting and Auditing: Appoint an auditor within 30 days and ensure proper accounting records are maintained.
Annual Compliance: File annual returns, financial statements, and income tax returns regularly.
Statutory Registers: Maintain statutory registers as per the Companies Act, 2013.
Foreign Exchange Management Act (FEMA) Compliance: Ensure compliance with FEMA regulations related to foreign investments.
Depending on the industry, obtain additional licenses or permits from relevant regulatory bodies.
Services Offered
Legal Consultation and Advisory
Our legal experts provide in-depth consultations to US clients, helping them navigate the complexities of setting up LLC in India. We offer guidance on understanding local legal requirements and planning for tax implications, ensuring that your LLC is established on a solid legal foundation.
Company Name Approval and Registration
We assist in obtaining the necessary approvals for your company name and completing the registration process with Indian authorities. Our team ensures that all legal formalities are correctly handled, streamlining the process of setting up LLC in India and avoiding potential delays.
Drafting and Filing of Essential Documents
We prepare all essential legal documents required for setting up LLC in India, such as the Articles of Association and Memorandum of Association. Our meticulous attention to detail ensures that all filings are accurate and compliant with Indian laws, facilitating a smooth formation process.
Compliance with Local Laws and Regulations
We ensure that your LLC adheres to all relevant Indian laws and regulations, including tax registrations, regulatory filings and other compliance requirements. Our ongoing support helps maintain compliance, preventing legal issues as your business grows in India.
Post-Formation Legal Support
After setting up LLC, we continue to provide legal support for your business, assisting with the acquisition of necessary business licences, drafting contracts and addressing any legal challenges that arise. Our comprehensive services ensure that your LLC remains legally sound as it begins operations in India.
Liaison with Government Authorities
Our team handles all interactions with Indian government authorities on your behalf, making the process of setting up LLC as efficient and hassle-free as possible. We manage the submission of necessary documents and compliance with regulatory requirements to ensure timely approvals.
Why Choose Us For Setting Up LLC
Comprehensive Legal Support
We provide end-to-end legal services for setting up LLC in India, from initial consultation to post-formation support, ensuring that every aspect of your LLC is managed with precision.
Tailored Solutions for US Clients
Understanding the unique needs of US businesses, we offer customized solutions for setting up LLC in India, ensuring that all legal, financial and compliance requirements align with your business goals.
Commitment to Excellence and Client Satisfaction
We prioritize client satisfaction by providing high-quality legal services for setting up LLC in India, ensuring that your business is set up for success from day one.
Our Expertise In Setting Up LLC
Comprehensive Legal Support for Seamless LLC Formation
At MAHESHWARI & CO. , our expertise in setting up LLC in India sets us apart as a trusted partner for US businesses looking to expand their operations in India. We understand that establishing a Limited Liability Company in a foreign jurisdiction can be complex, involving numerous legal, regulatory and financial considerations. Our team of legal professionals has extensive experience in guiding US clients through every step of the process, ensuring that all legal formalities are meticulously handled. We provide comprehensive support to ensure a seamless and compliant LLC formation. With MAHESHWARI & CO., you can be confident that every aspect of setting up LLC in India is managed with the utmost precision, allowing you to focus on your business objectives.
Testimonials Of Clients
FAQ
The process of setting up LLC in India involves selecting a company name, obtaining necessary approvals, drafting and filing legal documents, and ensuring compliance with tax and regulatory requirements. MAHESHWARI & CO. offers comprehensive support throughout each step, leveraging our expertise to simplify the process and ensure your LLC is set up efficiently and in full compliance with Indian laws.
Typically, setting up LLC in India takes around 3 to 6 weeks, depending on various factors. MAHESHWARI & CO. can expedite this timeline by efficiently handling all legal formalities, managing interactions with regulatory authorities, and proactively addressing any potential delays, ensuring a swift and hassle-free setup for your business.
US citizens must obtain a Director Identification Number (DIN), a Digital Signature Certificate (DSC) and ensure at least one director is a resident of India. MAHESHWARI & CO. assists in meeting these legal prerequisites, guiding you through the complexities and ensuring all requirements are met seamlessly, allowing you to focus on your business.
Setting up LLC in India involves understanding various taxes such as GST and corporate tax. MAHESHWARI & CO. provides expert tax advisory services, helping you navigate the Indian tax landscape, optimize your tax obligations and ensure full compliance, so you can focus on growing your business.
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