As an entrepreneur, you would have an undying intention to scale up your business. It is no big deal, if you have enough capital and an established commercial setup. Your business visibility together with revenue could be promoted. But, this wish could be true only if you have legal commercial documents.  You should be aware of these documents and the process of certification attestation for NRIs in India. This article focuses on these commercial requirements.

Let’s get through the documents necessary for unearthing the right business opportunities:

• Memorandum of Association (MOA):

Being a vital statement, the Memorandum of Association (MOA) is legally mandatory to get. This certificate is issued at the time of commencement & registration of the company. It mainly carries the list of the company’s shareholders and the relationship of all members. Besides, it defines what its power is.   In short, this significant document states all these details:

1. Name of the company
2. Physical address of the registered office
3. Names of all shareholders
4. Distribution of shares

The attestation of the MOA is compulsory to carry out for executing frictionless business operations across the globe. A stamp authenticates its presence. Therefore, the non-resident of India (NRIs) should verify it with these competent authorities respectively:

1. The Chamber of Commerce
2. The Ministry of External Affairs (MEA)

• Articles of Association (AOA):

This document slightly differs from the MOA. It states a legal declaration, licitly displaying the consent of all initial shareholders who agreed to form the company. Unlike MOA, the AOA displays what roles and responsibilities are delegated to whom within the company. Besides, it paints a crystal clear picture of the rules that the company will follow to effectuate its operations. Its length, being subdued to the complexity of the company, could be hundreds of pages long. All shareholders, directors and the company secretary must sign it, showing their consent.   

Like MOA, the attestation of this document is essential. These are the authorities that take care of its apostille or attestation:

1. The state government
2. The MEA

• Incorporation Letter

This letter unlocks countless business opportunities for the NRI entrepreneurs. It literally proves that the company exists in reality. Also, it reads the fact that it is compatible enough to meet the international business challenges through its standard services.

Being an entrepreneur, you should get it from the state government. Subsequently, it must be attested or apostilled. But, the competent authority does not attest it unless it is sent prior digitally. Simply say, you have to submit its digital copy to the state government for verification.   

Here is authority to get this certificate attested with:

• The state government

• Board Resolution:

The Resolution of the Board is a deed, showing that the Board of Directors unanimously agrees in full force and effect on the date of this certificate. The Secretary or a Deputy Secretary signs it. Thereafter, it is delivered to all trustees. Any committee of the Board of Directors of that company holds the right to draft provisions of this agreement, which loom around the measures taken to the Board of Resolution. Such measures can be issuance of a series of Securities, the forms, increase /decrease of share capital, transfer of shares, change of directors, change of registered office and the terms. 

In essence, the Board can make such provisions provided that the Resolution of the Board has already been distributed with its copy to all trustees and shareholders prior.  It showcases the power to make decisions by the directors of the company at any board meeting.

This is why the attestation of this commercial document should be carried out by these:

1. The Directors
2. The Secretary or Deputy Secretary
3. The Board of Resolution

It is worthy to mention that the certificate attestation or apostille services are reserved for a few authentic agencies. The MEA does not entertain any request, which is sent directly. Therefore, the NRIs ought to consult the one that provides with outsourcing NRI certificate attestation services. Otherwise, their willingness to stretch their business visibility across the globe will not be fulfilled. You should explore the authenticity of that agency before handing over your commercial documents for attestation.