Incorporation with Foreign Subs and Directors

[Viral Sanghavi & Associates]

Dear Friends

I am in process of incorporating a company with Foreign Subscribers nd Directors.

Now while writing the Subscription page, how that foreign subs will write in their subs details ?

Whether they will have to come personally here or they can do so sitting in their country and some one witnesses it there in their country only ?

How to practically move ahead in this situation ?

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Regards

CS Viral Sanghavi
Practising Company Secretary

303, Madhav Plaza, Near Lal Bunglow, 

Opp SBI, Jamnagar - 361001 

+91 99989 58729

Prof. ids
cs.viral...@gmail.com
cs.viral...@yahoo.com

The Only difference between Dreams & Achievements is Hard Work

[KAMALJEET KALRA]

Hi All,

Mr.Viral they can either sign in their country or they can authorise somebody in India to subscribe on behalf of them.

In case they signed that sheet outside India and witnessed by any person outside India in that case that sheet need to be notarized there and the instrument authorising to sign on behalf of them shall also be notarized there.

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Regards
CS.KAMALJEET SINGH

K.S.KALRA & ASSOCIATES

KANPUR, U.P.
Mob:09838755500

[Aarti Ahuja]

Dear Viral,

They can sit in their home country and write on the subscription page. The subscription page will be subsequently notarized and apostille in the home country.

Regards,

Arti 

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Regards,
Aarti Ahuja

[Priti Ghosh]

Hi Viral,

Just email the soft copy of the MOA to your client, they can print it fill the subscriber table; sign it and get it witnessed by a notary in their country ( if that country is part of Hague convention).  If that country is not a part of Hague convention, your client has to also get it apostille also by visiting the India Embassy there.

They can courier the MOA here to your office. Else they have to visit India to sign, as the subscriber table needs to be filled by the subscriber themselves.

If the foreign subscriber is company then by passing a board resolution they can authorize somebody in India to sign on behalf of the Company.


Thanks

Priti Ghosh

On Mon, Mar 14, 2011 at 9:02 PM, Viral Sanghavi & Associates <cs.viral...@gmail.com> wrote:

[B. Chandarana & Associates]

Dear Viral,

If the proposed subscribers and directors are residing abroad, than they have to sign incorporation documents in home country and have to appostile the same by notary or by Indian embassy and witness should also be of country where documents are executed.

Regards,

CS Bhavin Chandarana

B. Chandarana & Associates

(Company Secretaries)

S-9, 2nd Floor, Hem Ratna Chambers,

Next to Oriental Bank of Commerce,

Near Trajpar Char Rasta,

8-A, National Highway,

Morbi 363 642

Cell No. : +91 97269 21098

Email ID: blchan...@gmail.com, blchan...@hotmail.com

"Only those who keep walking get sweet returns.... Look at the sun's perseverance - dynamic & always on the move, never dormant.... Hence keep moving"

On Mon, Mar 14, 2011 at 9:02 PM, Viral Sanghavi & Associates <cs.viral...@gmail.com> wrote:

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[divya maheshwari]

Dear Mr. Sanghavi,
 
Please give the details whether its a wholly owned Subsi...or it just have foreign Subscribers.
Moreover, as far as witnessing is concerned, the foreign subscribers can do it while sitting in their country itself in the presence of a foreign witness. The said subscriber sheet needs to be Apostille and notarised.
 
Further the subscriber sheets needs to be filled in a particular style, but first please provide the complete details as to whether its a wholly owned subsidiary or something else.
 
Tks & Regards
Divya Maheshwari
Divya Maheshwari & Associates
Company Secretaries

[DEVANG DALAL]

Foreign Directors can sign the documents at their foreign location and local person can witness the M/A. however, the documents will need to be noterised as well as legalized at the Indian Embassy of the Country where M/A would be signed.

Regards.

D M Dalal

Company Secretary

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Best Regards
 
D M Dalal
Company Secretary
Cell: 9930155661

[Viral Sanghavi & Associates]

Thanks all my dear friends for your help

In my case the Subscribers belong to POLAND.

So problem is that, the Notary is Notarising all the things in "Polish Language", which is not accepted here in India.

So what to do in this case ?

I have read that Hauge Convention and about the Apostille also, but will that apply to DIN forms and Subs Pages ???

On Tue, Mar 15, 2011 at 11:49 AM, Esha Sharma <eshas...@gmail.com> wrote:

You should mail subscriber list to the foreign subscriber then, you
should check under which conventions the foreign company lie, if it
comes under non - conventional country then you can get the subscriber
sheet notarized by solicitors or attornies in the foreign country or
if in other countries like USA then they should get it consulate by
Indian embassy in the foreign country or else can get it apostile. One
more thing if that person have an Indian visa then he just have to
take a xerox of that visa and get it certified by a professional in
India, and your purpose will be solved.

Please find the attachment to check whether in your case foreing
country comes under convention countries or not.

On Mon, Mar 14, 2011 at 9:02 PM, Viral Sanghavi & Associates
<cs.viral...@gmail.com> wrote:

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Thanx & Regards
Esha Sharma
Practising Company Secretary

[Esha Sharma]

You should mail subscriber list to the foreign subscriber then, you
should check under which conventions the foreign company lie, if it
comes under non - conventional country then you can get the subscriber
sheet notarized by solicitors or attornies in the foreign country or
if in other countries like USA then they should get it consulate by
Indian embassy in the foreign country or else can get it apostile. One
more thing if that person have an Indian visa then he just have to
take a xerox of that visa and get it certified by a professional in
India, and your purpose will be solved.

Please find the attachment to check whether in your case foreing
country comes under convention countries or not.
On Mon, Mar 14, 2011 at 9:02 PM, Viral Sanghavi & Associates
<cs.viral...@gmail.com> wrote:

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[Esha Sharma]

OK then at the time of notarizing the sheet, a copy of translation
page should also be annexed along with the notarized copy.

On Tue, Mar 15, 2011 at 1:26 PM, Viral Sanghavi & Associates