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Fema

(Querist) 18 January 2014 This query is : Resolved 
sir

can a company be registered by a nri as an indian company? can inward remitance be brought as capital ?
is there any procedures to be filed with rbi under fema act

can i know the procedure for starting a company by nri in india. is there any special for to be filed in ROC ?
Advocate. Arunagiri (Expert) 18 January 2014
Yes.
Yes.
Yes


There are numerous procedure for these acts. So, you should have the support of an advocate, auditor and company secretary.

If you get any of the above expert, he will guide to find other two.
Guest (Expert) 18 January 2014
I suppose the above expert also company secretary brief him
R.K Nanda (Expert) 19 January 2014
consult fema lawyer.
Guest (Expert) 19 January 2014
Nr,R.K.Nanda what is FEMA Lawyer Please
Advocate. Arunagiri (Expert) 19 January 2014
Criminal lawyer,
Civil Lawyer,
like wise Fema lawyer.
Guest (Expert) 19 January 2014
Fema is criminal or civil
Advocate. Arunagiri (Expert) 19 January 2014
Mr.NJSR you know the answer very well. You have enough knowledge in FEMA to teach others.
Guest (Expert) 19 January 2014
But first time I am hearing FEMA Lawyer
Guest (Expert) 19 January 2014
FEMA is an Act and for every Act is there an exclusive Lawyer
Advocate. Arunagiri (Expert) 19 January 2014
The following are the qualification of the generic medicines.

Analgin: It is Analgesic as well as Antipyretic.

Paracetamol : it is antipyretic as well as analgesic.

A Doctor selects his specialization as eye specialist or ENT or Dental.

The days will come Specialist for Left eye and Specialist for Right ear.

Likewise, every lawyer would have passed all the subjects as per his syllabus. But, when it comes for practice, many of the advocates will choose as his specialization in some subject / Act. So, who is having more interest / knowledge / practical experience in FEMA is called as Fema lawyer.

Let me take some breath before continue further.
Guest (Expert) 19 January 2014
I would waite
Guest (Expert) 19 January 2014
For Specialization in ENT or Dental Or Eye there are different courses
Guest (Expert) 19 January 2014
I could understand Mr,R.K.Goysl's statement Lawyer dealing in FEMA cases
Guest (Expert) 19 January 2014
I preferred Mr.R.K.Nanda could brief me
V R SHROFF (Expert) 19 January 2014
Lawyers dealing with "Foreign Exchange Management Act" = fema lawyers.
why not avail services of CA??
Guest (Expert) 19 January 2014
Mr.R.K.Nanda is still to respond
T. Kalaiselvan, Advocate (Expert) 19 January 2014
@NJSR: are you still not satisfied with others answers?, In big cities the lawyers differentiate themselves as per their specialization to their practice, in small towns like ours, in district courts we deal with all types of cases and appear before all the courts.
Guest (Expert) 20 January 2014
Respected sir could you please explain to me in detail the meaning of FEMA lawyer and lawyer familiar or dealing in fema cases.Or in criminal side it could be called as murder case lawyers cheating case lawyers etc
Guest (Expert) 20 January 2014
Respected sir could you please explain to me in detail the meaning of FEMA lawyer and lawyer familiar or dealing in fema cases.Or in criminal side it could be called as murder case lawyers cheating case lawyers etc
ajay sethi (Expert) 20 January 2014
academic query
V R SHROFF (Expert) 20 January 2014
Shri NJS Rajkumar:

The person concern had not yet order more Rubber stamps, probably used by his clerk to stamp as
[1] nothing more to add
[2] consult .... lawyer
[3] give more details ETC ETC
sO probably you will be disappointed;
He don't read, he only use Rubber stamps to add his points ; that all
He is shameless!!

V R SHROFF (Expert) 20 January 2014
NJS :
UNDERSTOOD, HE NEVER RESPOND, BECAUSE HE DON'T READ, hE ONLY PUT RUBBER STAMP

That too, only once, as he know, why waste ink, no points for second answer to same Query..

[And why worry abt comments, his Objective is fulfilled;; He bagged his Points]
Guest (Expert) 20 January 2014
Thank you Mr.V.R.Shroff ji for the understanding
malipeddi jaggarao (Expert) 21 January 2014
1.can a company be registered by a nri as an indian company?
Answer: Yes.
2. can inward remitance be brought as capital ?
Answer :Yes.
3. is there any procedures to be filed with rbi under fema act:
Answer: Subject to FDI guidelines of RBI.

4. can i know the procedure for starting a company by nri in india?

Answer:
Steps required for Incorporation of a company in India by a NRI:
1. It is advisable that at least 2 Resident directors from India.
2. Directors need not have any share capital.
3. Obtain Director Identification Numbers for all directors.
4. Digital signature for at least one director.
5. Application for Name availability.
6. Details of shareholders – At least 2.
7. Address of the Proposed Company along with the police station limit, No Objection Letter from the Premises Owner and a copy of Latest Electricity Bill or Property Tax bill of premises.
8. Incorporation of a Company under the prevailing laws of India.
9. Obtaining the PAN
10. Opening a Bank Account.
11. Registration under the Shops and Establishments.
12. Obtaining the Registration of Service Tax Department – Not liable to tax in many cases.
13. Registration under ESI Act – if the Employees exceed 15 members. ( for employees monthly remuneration below Rs.15000 – gross )
14. Registration under PF Act – if the Employees exceed 20 members. ( for employees monthly remuneration below Rs. 6500 – below – basic )
15. Obtaining Professional Tax Registration.
16. Obtaining I.E.C code from the Department of DGFT.
17. Obtaining TAN Number, for withholding Tax.
Apart from above the RBI Compliances should also be ensured as it being 100% FDI unit.
18.. That After incorporation the Capital amount should be remitted to company Bank account within 30 days from the date of Incorporation of the Company.

For more details, follow the link:
http://www.rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=8104

All the above will give you an idea. You have take assistance of Company Secretary.


Raj Kumar Makkad (Expert) 22 January 2014
I do endorse the advice of jaggarao.
Advocate. Arunagiri (Expert) 22 January 2014
Impressive and opt reply by Mr.Jaggarao.


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