67. Setup Public or Private Limited
Company in India
Q. Hi Mr. Chand,I would like to know what kind of restrictions
apply to PIO card holders for opening a Private Limited or
Public limited company in India. Would appreciate any
guidance. Thanks.
Regards
Vinita
A. Companies incorporated in India as well as branches of
foreign corporations are regulated by the Companies Act
1956. PIO/OCI holders are usually treated at par as Indian
nationals.
For registration and incorporation as an Indian company an
application has to be filed with the Registrar of Companies.
Once the company is duly registered and incorporated as an
Indian company, it will be subject to the same Indian laws and
regulations that are applicable to other Indian companies
operating in India.
As far as restrictions are concerned it would depend on the
type of company you setup, whether you intend on living in
India or hold a directors post as an NRI, whether repatriation
of funds is a concern etc. Such matters are beyond the scope
of this column and I suggest you seek guidance from a
qualified business lawyer or accountant. They could guide you
as to the most appropriate form of company setup and let you
know the pro and cons of various options so you can make an
informed decision.
Disclaimer: Information provided is for general knowledge only and should not be
deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do
change from time to time. Please note that in case of any variation between what has
been stated on this website and the relevant Act, Rules, Regulations, Policy Statements
etc. the latter shall prevail.
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