Factory Licenses / Company Registrations
It is obligatory for every company setting up shop in India to abide by the predefined factory rules and regulation by the GOI. This includes meeting the pollution and safety requirements as well as upholding the rights of an employee. Let's have a look at some mandatory regulations that companies have to follow.
1. Registration under Factories Act/Shop Establishment Act
Every Corporate Entity (including shops and other establishments) needs to compulsorily register under this Act within 30 days of starting work. This basic license can be regarded as proof of commercial business and will be required to open a current account.
2. Fire & Safety Compliances
According to Rule 61 and Rule 62 of The Factories Act 1948, provisions have to be made in the company regarding fire and first-aid requirements. Compliances have to be made under the Fire Protection & Safety Requirements for Assembly, Institutional, Educational, Business, Mercantile, Hotel, Hospital, Nursing homes, Underground complexes, Industrial storage, Meeting/banquet halls, and Hazardous occupancies. Safety measures have also been separately spelt out in the rules.
3. Pollution Control Board
Pollution Control Board compliances include Environmental Clearance (EC) work, Environmental Audit, Consent to Establish and Consent to Operate, Environmental Statement (ES), Air Pollution Monitoring, Water, Waste Water and Soil analysis, Statutory periodical submission - Water Cess report,Form IV - Under Hazardous Waste Rule 2008,Form V as per EPA guidelines, Environmental Impact Assessment, Waste Handling Authorization - Hazardous, Biomedical, e-waste, Personal Training, and Treatability Studies and Feasibility Report
4. Employees State Insurance Act
Every employer covered under the Employees State Insurance Act has to comply with various compliances such as deposit of monthly contribution, filing half yearly return and reporting to ESIC authorities if there is any change in business activity, address, ownership and the management and maintenance of registers and records etc.
5. Food Safety and Standards Authority of India
The Food Safety and Standards Authority of India (FSSAI) Registration is for food business. Hence, every food business operator involved in the manufacturing, processing, storage, distribution, and sale of food products must compulsorily obtain an FSSAI Registration /License. For corporate entities, FSSAI has also introduced the Food Recall Plan.
6. Micro, Small and Medium Enterprises
MSME Form 1 is a mandatory compliance for the specified companies that fall under the specified sections of the MSMED (Micro, Small and Medium Enterprises Development) Act. These companies have to file the MSME Form 1 on a half-yearly basis to the MCA (Ministry of Corporate Affairs).
7. Drug Controller of India
The Central Drugs Standard Control Organisation (CDSCO) ensures safety, efficacy, and quality of the medical product manufactured, imported, and distributed in the country via certain regulations. The Drugs & Cosmetics Act,1940 and rules 1945 has entrusted various responsibilities to central & state regulators for regulation of drugs & cosmetics.
8. Import & Export Code
Import Export Code (IEC) is a 10 digit number issued by the Director General of Foreign Trade (DGFT). For any person who wishes to get into the import/export business in the country, having an IEC code is a requirement. Import merchants cannot import goods without the IEC and similarly the export merchant cannot avail the benefits from DGFT for the export scheme without IEC.
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India is among one of the fastest-growing economies in the world. It has plenty of new business opportunities that make it a preferred destination for foreign investments. From investments by Foreign Corporates, Foreign Nationals, and NRIs, there are many ways by which foreign investment can be done in India. However, one of the easiest ways to do this is by the registration of foreign company in India.
Foreign companies can register themselves in India in accordance with the rules laid down under the Companies Act, 2013. According to the Ministry of Corporate Affairs (MVA), if you’re a foreign entity setting up a business in India, you can either create a registered Indian company or open an offshoot of your parent company in India. Let us first understand what makes foreign entities eligible to be called foreign companies, their ways of businesses in India, and how to register for a company in India.
What is a foreign company?
As per the Companies Act, 2013, a foreign company means any entity or corporate body outside of India which has a place of business in India (either by itself or through an agent, physically or through electronic mode) and conducts any business activity in the India market in any other manner.
How can a foreign company do business in India?
Foreign companies can enter the Indian market via two ways. The first is to enter as an Indian company incorporated in India and the shares held by foreigners as a wholly-owned subsidiary (100% FDI), Joint venture, or a subsidiary company (49.99% Foreign Shares). The second is by registering the foreign company under the Companies Act, 2013 via a Liaison office, a Branch Office or a Project office to do foreign business in India.
In order to register a foreign company under the Companies Act, you need to select the type of your company. There are certain constraints on the type of company and Foreign Direct Investments (FDIs). Thus, whether private, public or LLP, you need to select your company type and then register as per the procedures for that company type. Let us now see how to register for a company in India.
Procedure of Registration of Foreign company in India
Step 1. Obtaining Digital Signature Certificate (DSC) and Director Identification Number (DIN)
The process towards Foreign Company Registration in India starts by applying for the DIN (Director’s Identification Number) and DSC (Digital Signature) of the Directors. DSC, as the name suggests, is required to sign electronic documents and forms digitally. They also serve to notify the Ministry of Corporate Affairs (MCA) of the existence of your business. Each Director (number depends on the type of company) must have a unique Director ID which can be obtained by applying for the SPICe (Simplified Proforma for Incorporating a Company).
- Proof of Identity (PAN for Indian Nationals and Copy of Passport for Foreign Nationals)
- Copy of Driving License, Bank Statement or any utility bill (not older than two months)
- Residence permits for foreigners if residing in India.
- Passport size photograph
All the documents mentioned above for foreign citizens and NRIs should be notarized and consularized by the competent authority.
Step 2: Obtaining name for your company
Selecting a unique name for your company is one of the important steps in the whole process of incorporation. Once you have the DIN for your company, you must register as a new user, usually a business user on the MCA website. Your company’s name should be in accordance with the company’s object and should not be identical to existing entities or undesirable by law. You can apply to register for a particular company name by using the Reserve Unique Name (RUN) service available on the MCA website.
Step 3: Certificate of Incorporation
The certificate of incorporation is given to you when the company is incorporated according to procedures outlined in the Companies Act. This is the final step in the process of registration of foreign companies in India. It requires the filing of the articles and memorandum of Association of the Company digitally along with various other documents.
- Subscriber sheet of Articles of Association
- Subscriber sheet of Memorandum of Association
- Declaration by Director in form DIR 2
- Declaration of Director in Form INC 9
The incorporation documents are generally required to be self-attested by Indian nationals. However, for foreign nationals, there are a few other compliances that need to be followed.
With the Certification of Incorporation, your company registration will be successful. You should, however, note that it could take up to 15 days to register your company, given you have all the documentation in place. You will also need certified accountants, company secretaries, and lawyers to accelerate the process and keep you in compliance with all of the major and minor details and laws for the registration of foreign company in India.