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Formation of Company / LLP & compliance
When your client chooses to form an entity in India, they have an option to open:
1) Private Limited Companies (in Australia like Pty ltd)
The main benefit of incorporating a company in India is the Limited liability to the extent of assets of the company.
There will be shareholders who will be the owner of the company and different holding options are available like:
- 51% holding your clients and rest of local Indian partner or
- 100% holding i.e. wholly own subsidiary company can be formed.
Incorporating a private limited company requires filing of various forms, Name availability check, drafting of MOA/AOA, availing directors identification (DIN) , appointing nominees, etc.
Apart from incorporation, regular compliance like filing of annual returns with ROC , XBRL filings and other compliances are required to be done.
2) Limited Liability Partnership(LLP) in India
Limited liability partnership combines the advantage of private Limited companies and a partnership into it.
There will be partners and their holdings in the LLP. Incorporating LLP requires Name availability check, drafting of LLP agreement between the partners, Availing DIN, etc.
And once it is incorporated, there are regular filing requirements on annual basis, half yearly basis, etc.
Where we can assist your clients:
- Checking name availability
- Drafting and filing incorporation documents
- Assisting in choosing the holding in entities
- Regular annual filings to ROC
- Maintenance of statutory records like minutes books, etc.