Online Foreign Company Registration in USA/UK/UAE/CANADA
Easy Process & Transparent Fee
Foreign Limited Company Registration is easy in India when done by DIGIINDIA SERVICES.Now easy of doing business from India to Abroad. In all our packages, get ✓Employee Identification Number ✓Name Approval ✓Article of Organization ✓Operating Agreement ✓EIN Letter✓Rental Agreement ✓Bank A/c Opening Support & Payment Gateway. 100% Online Order & Documentation, Chat with the startup specialist to get started
100% Online Process
CA, CS Services
Hassle Free Process
Request Quotation/Call Back From Startup Specialist
Register Your Foregin Company Starting @ $ 599 Onwards
For a Startup that has special requirements, we can customise your package.
More than Two Partner
The ready-made packs are suitable in cases where the number of proposed partners is limited to two. However, if the number of partners is more than two, use the calculator to calculate customed quotations.
The instant packages are for Indian Promoters Only. In the case of Foreign Investor or NRI, we have a different quotation, and the packages do not apply. Advise you to contact our Sales Team on this.
Capital More Than $4000
The readymade packs are available for the cases where the proposed capital is only upto $3000 If the capital is more than $3000, please get a customised quotation from us.
With the use of our easy and Transparent Calculator to Know the all-inclusive cost of Foreign Limited Company Registration, you may also place an online order for the Foreign Limited Company Registration. In addition, we have also made three readymade and easy to understand packages for you. Once we receive the online ordering, our support team shall contact you for the documentation and incorporation process. All our packages have the following items included in them.
Checklist for Foreign Limited Company Registration
Minimum Two Partner of Foreign Limited Company: Register your Limited Liability Partnership (Foreign Limited Company) with a minimum of two persons to act as the initial designated partner in the new Foreign Limited Company. However, there is no cap on the maximum number of partners in the Foreign Limited Company.
One Resident Designated Partner: One of the Designated Partners of the Foreign Limited Company should be a resident in India. A Person is considered a resident when he or she stays in India for over 120 days during the previous financial year
Registered Address Proof: The Foreign Limited Company needs an address for its incorporation; we require proof of the registered address in the form of a utility bill not older than two months and the NOC from the owner of the registered address owner.
Capital Requirement: The Foreign Limited Company Act, 2008 does not prescribe any minimum or maximum capital as such; hence you may keep the capital/contribution of the Foreign Limited Company as per the business requirement of the Foreign Limited Company.
New & Unique Name of the Proposed Foreign Limited Company: The name of the proposed new Foreign Limited Company must be unique and eligible, and you have to ensure that the proposed name of the Foreign Limited Company is not the same or similar to an already existing Foreign Limited Company, Foreign Limited Company or Trademark. If you need help, please contact us; we would help you decide your Foreign Limited Company's name.
List of Documents Required For Foreign Limited Company Registration
Good documentation for the registration of an Foreign Limited Company plays a vital role & results in faster incorporation of the Limited Liability Partnership Firm. Here is the list of documents required; please submit self-attested copies of clear and valid documents.
Note: After the incorporation, the ROC issues a Certificate of Incorporation that contains the Foreign Limited Company's address, similar to that is available on the proof submitted for the registered address. Please ensure that the address of the premises on the NOC matches with the address on the utility Bill.
Process of Foreign Limited Company Registration
The Foreign Limited Company is a new business type where two or more persons incorporate a business with the simplicity of partnership firm and advantages of an incorporated entity such as a Foreign Limited Company. After placing the online order for Foreign Limited Company Incorporation, submit necessary information and documents to us through an Online Questionnaire developed by us.
Step - 1:
Documents & Information For Foreign Limited Company Registration
Foreign Limited Company Registration procedure starts with documentation of the proposed designated partners/partners and relating to the registered address of the Foreign Limited Company. Ensure that the documents are updated and correct. The mandatory information and documents for Foreign Limited Company Incorporation to be provided to us in the online questionnaire.
Step - 2:
Selection of Name for Foreign Limited Company
The Name of the Foreign Limited Company should be cross-checked with the ROC and the trademark registry to avoid any infringement of someone else Trademark or Other Foreign Limited Company /Foreign Limited Company Name. The selection of a proper name should be the starting point; learn the Guideline for Name Approval of the Foreign Limited Company.
Step - 3:
Making of Partners DSC
DSC is equivalent to the physical or paper signature under the information technology act. For Foreign Limited Company Registration, all the applications to ROC are filed in digital format signed by designated partners of the Foreign Limited Company. The filing process starts with the issue of a digital signature for all the partners of the Foreign Limited Company.
Step - 4:
Name Approval for Foreign Limited Company Registration
The application for the Name approval of Foreign Limited Company is submitted in FormForm RUN-Foreign Limited Company. It is a web-based application, where two names in order of preference can be filed with a note on the significance of the Name and the business activities.
Step - 5:
ROC Filing for Foreign Limited Company Incorporation
The application of New Foreign Limited Company Registration is filed in FILIP Form immediately after name approval. The partners KYC documents and proof of the registered address are submitted along with the application form. The FormForm, FILIP, is attested by a practising Chartered Accountant, Foreign Limited Company Secretary, Cost Accountant, or an Advocate practising at High Court. The government filing fee for the registration of depends on the proposed capital/contribution of the Foreign Limited Company.
Step - 6:
Issue of the Certificate of Incorporation of Foreign Limited Company
The Foreign Limited Company Registration's final stage is the Certificate of Incorporation for the Foreign Limited Company after the verification of the application for Foreign Limited Company Registration is filed in FormForm FILIP. The issuance of the registration certificate of Foreign Limited Company is conclusive proof of the Foreign Limited Company Registration by ROC.
Step - 7:
Drafting of Foreign Limited Company Agreement and Filing to ROC
Post-registration of the Foreign Limited Company, the partners need to enter into a valid agreement on stamp paper of appropriate value as per respective state. The Foreign Limited Company agreement defines the mutual rights and duties of the partners, and the Foreign Limited Company Agreement should be signed before a notary public. The duly signed & Notary Attested Foreign Limited Company Agreement is then filed with ROC in Form -3 within 30 days of the Foreign Limited Company Incorporation.
Step - 8:
PAN Card & TAN Number for the Foreign Limited Company
The Foreign Limited Company needs to apply in the prescribed Form 49A to the income tax department for the allotment of PAN; the acknowledgement of the pan application for the Foreign Limited Company is received on the same day. However, the pan is allotted within a week. TAN number is a permanent number assigned to business for complying with withholding tax provisions (TDS). You are required to deduct TDS while making payments; hence, the next step is to obtain a TAN number, which is mandatory to submit TDS Returns.
Wondring about overall cost of Foreign Limited Company Registration. Get a detail proposal & guide on incorporation process
Benefits of the Foreign Limited Company Registration
Easy to form
Forming Foreign Limited Company is an easy process. It is less complicated and time-consuming unlike the process of formation of a Foreign Limited Company. We help startups to start their Foreign Limited Company in 100% online mode to avoid unnecessary delay.
The partners of the Foreign Limited Company have limited liability which means partners are not liable to pay the debts of the Foreign Limited Company from their assets. No partner is responsible for any other partner's misconduct.
The Foreign Limited Company Being a separate legal person, its life or existance is is independent of the partner's death, retirement, or insolvency. The Foreign Limited Company will get wound up only as per provisions of the Foreign Limited Company Act.
The relationship between the partners is governed by an Foreign Limited Company Agreement, which can be easily amended to introduce or retire a partner. The process is easy and straight forward.
No Compulsory Audit
Under the Foreign Limited Company Act, the statutory audit is not mandatory for small Foreign Limited Company. However, the statutory audit by a CA becomes compulsory only when the annual turnover and the Foreign Limited Company cross Rs 40 Lakh or the Foreign Limited Company Capital is more than 25 Lakh.
The compliance requirement for an Foreign Limited Company is fewer in comparison to a Foreign Limited Company. Also, the annual return filing is easy and cost-effective. The Foreign Limited Company has to file its ITR just like any other business and file ROCAnnual Returns.
Difference Between Foreign Limited Company & Foreign Limited Company for Startups
Foreign Limited Company
The registration of an Foreign Limited Company is mandatory under the Limited Liability Partnership Act, 2008. The process of the formation of the Foreign Limited Company is simple and easy. The Foreign Limited Company comes into existence only when the Registrar of Companies issues a Certificate of Incorporation.
A Foreign Limited Company being a separate legal entity is a creation of law and is incorporated under section 3 of the Companies Act, 2013. The process of Foreign Limited Company incorporation is entirely online, and not a single paper is filed physically. The Foreign Limited Company comes into existence with the issue of the Certificate of Incorporation by the ROC.
Number of Promoters
The Foreign Limited Company Act requires a minimum of two partners, and there is no cap on the maximum number of partners that an Foreign Limited Company may have. Two designated partners are also required to ensure compliance. The same person may be a partner as well as a designated partner.
In the case of a Private Limited Foreign Limited Company, a minimum of two persons are required to become shareholder and directors of the Foreign Limited Company. The same person can act as a director as well as a shareholder. However, the maximum number of shareholders has been capped at 200, and the number of directors can not be more than 15.
In the case of Foreign Limited Company, the Foreign Limited Company agreement is the constitution document. Similar to a partnership deed, it is also prepared on a stamp paper of appropriate value. The Foreign Limited Company Agreement is required to be filed with the ROC in form 3 within a period of 30 days from the date of incorporation of the Foreign Limited Company.
In the Foreign Limited Company's case, the Memorandum of Association and the Articles of the Association are the constitution documents. The MOA primarily contains the name, location, object, capital and liability clause, whereas the AOA is a compendium of internal rules to run the Foreign Limited Company.
Liability To Owners
The Foreign Limited Company is a separate legal entity in the eyes of the law; the losses or debt of the Foreign Limited Company is not the personal responsibility of the partners. However, the partners are liable to pay the agreed amount of capital.
The Foreign Limited Company is a juristic person, and shareholders are only responsible for contributing the agreed amount of share capital as per the subscription in the MOA or on the unpaid share of any fresh allotment of shares by the Foreign Limited Company.
The Foreign Limited Company agreement governs the internal rules and regulations of Foreign Limited Company. To change the rules, partners must prepare a supplementary agreement and file the same before the ROC in Form-3.
The articles of association of a Foreign Limited Company contain the internal rules and regulations of the companies. The courts always uphold the provisions of the AOA that conform to the act.
In the case of the Foreign Limited Company, decisions are generally taken by way of the meetings between the partners. However, there is no provision of the meetings in the Foreign Limited Company Act. All other partners can not be held responsible for the individual decisions in the case of Foreign Limited Company.
The board of directors takes the decisions in a Foreign Limited Company in their meetings known as the Board Meeting. As per the Companies Act, a Foreign Limited Company must convene a Board Meeting every quarter and the gap between two meetings should not be more than three months.
There are no provisions in the Foreign Limited Company Act, 2008 regulating the remuneration payable to designated partners. However, the Foreign Limited Company Agreement should have a specific clause allowing the payment. The limits of Income Tax Shall apply akin to a partnership firm.
The Companies Act, 2013 regulates the managerial remuneration in the case of the companies. However, there is no limit or restriction under the Income Tax Act as it is in the case of Foreign Limited Company and the Firm.
The audit of the Foreign Limited Company is not compulsory if the capital contributed does not exceed Rs 25 Lakh or if the turnover does not exceed Rs. 40 Lakhs.
The Statutory Audit of the Foreign Limited Company is compulsory.
Income Tax Rate
The Foreign Limited Company is treated at par with the partnership firm; 30% is the Income Tax Rate for the Foreign Limited Company. The Surcharge & Cess is levied on and above the Income Tax.
The Income Tax Rate for the Foreign Limited Company varies from case to case. For instance, it is just 15% in the case of the new manufacturing Foreign Limited Company and 22% for others. Surcharge and cess are also applicable.
The Foreign Limited Company need to file Form 11 and Form 8 to the ROC, also known as annual compliance, apart from the filing of ITR.
The Foreign Limited Company has to file an elaborate, annual return, submit the Balance Sheet, Audit Report and the Director's Report to the ROC. The ITR filing and Audit is applicable.
The Foreign Limited Company can be wound up by the process prescribed under the Foreign Limited Company Act, 2008. For closure of inactive Foreign Limited Company, after paying all the liabilities, a statement of assets and liabilities are filed in Form 24 to the roc for closure.
The Foreign Limited Company is a creation of the law that can be closed only by following the companies' rules. The form STK-2 is filed to the ROC for closing an inactive Foreign Limited Company.
Taxation of Limited Liability Partnership
The Foreign Limited Company is considered a Partnership Firm for the Income Tax Act; all the provisions applicable to the partnership firm also applies to the Foreign Limited Company. Following are the important tax considerations in the case of Foreign Limited Company
30% on the profits of Foreign Limited Company
12% on the Income Tax, if the taxable income is more than one crores.
Health & Education Cess
4% on the amount of Income Tax and Surcharge (if any)
Alternative Minimum Tax: The Foreign Limited Company can not pay less than 9% Plus Cess of the adjusted total income U/s 115 JC
Limit on Partner Remuneration: The Foreign Limited Company Can pay remuneration to its Working Partners Only, subject to a specific clause regarding the payment of compensation to the partner. However, such managerial remuneration should be within the prescribed limit under the Income Tax Act.
Amount Allowed as Remuneration U/s 40B
Up to 3 Lakhs of book Profit.
1.5 Lakh or 90% o the Book Profit Whichever is higher
On Excess of Rs. 3,00,000/-
60% of the Book Profit after the first Rs. 3 Lakhs.
Annual Compliance for the Foreign Limited Company
The Foreign Limited Company Has to file Income Tax and ROC Return every year. Here is a brief note on the annual compliance.
At the end of the FY, the Foreign Limited Company must finalise their books of account and prepare a statement of income and expenditure and the balance sheet in compliance with the Foreign Limited Company Act and the Income Tax Laws.
A statutory audit is not required for small Foreign Limited Company. However, it becomes mandatory when the turnover of the Foreign Limited Company is over Rs. 40 Lakhs or the Capital of the Foreign Limited Company is more than Rs 25 Lakh
Income Tax Return
Every year the Income Tax for the Foreign Limited Company is filed as per the following due dates.
No Audit Cases
30 th October
Form 11 is the annual return of the Foreign Limited Company to the Registrar of Companies and is mandatory filing before the 30th of May of the next year for every financial year.
The Foreign Limited Company need to file their financial information and a statement of solvency to the ROC in form 8. The last date of filing Form 8 is 30th October for the previous financial year.