Company Cannot Be Registered Solely by Foreigners, Right?
company general beginner trick_questionBhai log, yeh question seems kuch simple hai, but most people trap mein jaate hain. Aapko koi company register karne ke liye 2 Indian directors aur 1 Indian shareholder ki zaroorat hoti hai. Lekin, kya humein lagta hai ki yeh rule kaafi rigid hai? Kya hum yeh soch sakte hain ki agar hum 10 foreigners hain aur sabhi 3 lakshyein poore karte hain, toh hum registration ke liye aapko koi masla nahi hoga? Lekin aap apne answer main khud ko shakit kar sakte hain. Kyunki aapko lagta hai ki 10 foreigners ek Indian company ke shareholders nahi ho sakte.
2 Comments
Arre yaar, actually it's not that simple! Section 2(42) of the Companies Act defines an Indian citizen as someone who has been a citizen of India for at least not less than 180 days preceding the date of his or her proposed registration. Foreigners can be directors, but at least one director should be an Indian citizen, so to say. This is a general rule, but there may be exceptions and relaxations in specific cases, like SEZs!
Additional_info: Nope, not always! Although it's true that a company can't be registered solely by foreigners in India, there are some exceptions and relaxations. Under the Foreign Direct Investment (FDI) Policy, a foreigner can set up a 100% foreign-owned company in most sectors, provided they comply with FDI norms. The foreigner also needs to have an Indian director or a person of Indian origin as a nominee director to ensure regulatory compliance. Each sector has its own set of rules, so it's essential to check the FDI Policy and associated rules for specific details.