Offshore companies are incorporated outside of their home nation. When a firm owner develops or grows in another nation, it is an offshore company. The offshore firm will be separate from the central office.
Registering an Offshore Company
Foreign business owners must meet these conditions to establish an offshore 註冊公司 in Hong Kong:
Owners and directors
When an offshore company is incorporated in HongKong as a private limited company, it needs two shareholders and two directors. As a public limited company, an offshore business in India must have at least seven shareholders and three directors.
An offshore LLP must have at least two authorised partners. One of a company’s directors or partners must be a Local citizen during the 註冊公司 time.
The offshore company must be incorporated in Hong Kong with a minimum share capital of local currency. No minimum paid-up capital is needed to form a corporation.
MEMO and ARTS (AOA)
The offshore company’s foreign owner must draught the MOA and AOA per the Companies Act and Rules. MOA must have name, registered office, purpose, obligation, and capital clause. The AOA must include data on the transfer of shares, share capital, appointment of directors, voting rights of shareholders, accounting and audit of the business, etc.
An offshore corporation might have a head office or principal location outside Hong Kong. Offshore companies must have a registered office in India and a local agent with complete 註冊公司 guide. The registered office is where formal letters from India is sent.
What is the process of an Offshore Company
Apply for the Director Identification Number (DIN). Before setting up the company, the directors of the offshore company, whether they are local citizens or people from other countries, must apply to the MCA for a DIN. For a local company to work, every director must have a valid DIN from the MCA.
Get the Digital Signature Certificate (DSC): The MOA and AOA directors and subscribers need to get a DSC. At the time of company registration, the people who signed the MOA and AOA must put their DSC on the e-MOA and e-AOA that will be sent to the MCA. By putting their DSC on the e-forms, the company’s directors and authorised signatories have to file company forms on the MCA portal.
Reserving The Company’s Name:
The offshore company must use the SPICe+ form to do this. When a company name is too similar to another company name or company registered trademark, the 註冊公司 will be turned down. If the form is turned down, you must fill out another SPICe+ form on the MCA portal and pay the fees.
Register for e-Filing on the MCA Portal: Foreign investors or owners must register on the MCA portal in order to file the SPICe+ form, which is the company incorporation form. The whole process of registering a company is done online, so all an offshore company needs to do is fill out the SPICe+ form on the MCA portal.
Upload documents: The offshore company must upload all the necessary documents with the SPICe+ forms, such as the e-MoA and e-AoA, proof of Indian office address, proof of identity and address of the directors, etc.
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