Register your Wholly Owned Subsidiary Company
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A Wholly owned subsidiary is a company whose common stock is 100% owned by another company. A company can become a wholly owned subsidiary through an acquisition by a parent company. A majority-owned subsidiary is a company whose common stock is 51% to 99% owned by a parent company.
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*Professional fee only.
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Who are eligible to incorporate a wholly owned subsidiary?
A Foreign Company can incorporate a Wholly Owned Subsidiary Company in India by making an Investment in any Sector in which FDI is allowed, subject to the provision of RBI/FEMA and Companies Act, 2013. Further, an Indian company may also establish its wholly owned subsidiary.
A Wholly Owned Subsidiary Company if 100% shares are held by a body corporate then such a company has to appoint a nominee shareholder to fulfill the minimum requirement of the shareholder as prescribed in Section 3(1)(b) of the Companies Act, 2013.
What are the entry routes for foreign Investment in India?
A foreign company can invest in India in those sectors as specified by the RBI. There are two modes of entry for a foreign company:
a) Automatic Route: The entry route through which investment by a person resident outside India does not require prior Reserve Bank approval or Government approval.
b) Government Route: The entry route through which investment by a person resident outside India requires prior Government approval. The foreign investment received under this route shall be under the conditions stipulated by the Government in its approval.
What are the documents required for incorporating a WOS Private Company?
The applicant shall be required to attach the following documents with SPICE+ to incorporate a Wholly Owned Subsidiary:
1. Digital Signature Certificate (DSC) of the proposed director
2. Consent of persons nominated to act as Directors along with Complete KYC Documents
3. KYC Documents of Shareholder, in case of Holding Company, Complete KYC of Authorised Representative and Nominee shareholder required
4. Statutory declaration of compliance and other declarations
5. The registered office of the Company required Lease Deed (if rented property), NOC from Owner, and Utility Bill (Not older than 2 months)
6. Physical copy of MOA and AOA.
What are the Steps for Registration of a Wholly Owned Subsidiary?
1. In the new web-based form SPICe+, the applicant can mention 2 (two) names in SPICE+ Part-A and then file SPICe+ Part-B within 20 days from the date of approval of the proposed name and file SPCIE+ Part B, Agile Pros, INC-9 forms for Incorporation of ‘wholly-owned subsidiary.
2. In the new web-based form SPICe+, the applicant can mention only one proposed name for the proposed company along with all other details and required documents.
Is it necessary for a Company to have a registered address on commercial establishment?
It is not mandatory to have a commercial space for maintaining a registered address. Any premises, either owned or rented, or leased, can be the registered address of the Company.
Whether statutory audit is mandatory for private limited company?
As per the provision of the Income Tax Act, it is mandatory for every company to get its financials audited by the auditor of the Company. Hence wholly owned subsidiary companies are also not exempted from statutory audit.
How much time does it require to incorporate a company?
It will take 10-15 working days to incorporate a company if you have all the required documents/information in order.
In a Wholly Owned Subsidiary (Incorporate as a Private Company), one Foreign Holding Company will act as a Shareholder Along with one Nominee shareholder to fulfill the minimum requirement of a shareholder of Section 3(1)(b) of the Companies Act, 2013 and at-least 2 Directors one of whom shall be Resident Director.