Have personally spent weeks figuring this part out
This is probably the most important thread you will find out there as an Indian founder incorporating in the US
Happy to have a chat to discuss specifics
Dear Indian founders incorporating in the US,
Half a dozen people have now pinged to ask me about this. So I'm posting here to reduce the number of phone calls.
here's collective wisdom of a few hundred YC India startups ok the correct company structure.
h/t to Anand of @inklehq who is the guru for all of them. You should talk to @getak100 for everything.
1. You CANNOT use Stripe Atlas, Deel or whatever else to incorporate. That's an instant FEMA violation that cannot be recovered from later. For an Indian citizen to buy shares in a US co, u have to do an ODI that needs RBI approval (even for 20$) and a UIN number. If u have done this through Stripe/Clerky/whatever, ur fucked. Close the company and start again. There's no easily known way to recover.
2. Each founder in India has to create a LLP. Individuals cannot buy shares in the US - without an even longer process. This is why, this is known as "LLP route". The gifting route is no longer legal. Trust me - this is like ED territory.
3. Use ICICI for this 20$ ODI. They will charge 15k INR for it. However all the other banks know jackshit about startup founders ODI.
4. Once the ODI happens, the founders have effectively bought shares and now you can sign those YC SAFE and receive money. This is a 2 month long process. You cannot receive money before this. Dear VCs (global and Indian) - this is how long it takes. Please be kind.
5. The only two law firms (that I know of) that work for startup founders in doing this is @CommendaHQ and Inventus.
6. If u want to take money from Indian investors, open a new bank account in US. And take money here from ur Indian investors. This money is kept separate and NEVER used for any Indian operations (roundtripping).
As long as u don't mix Indian investor funds and us investor funds, all compliance is fine.
There is some options route to take money in india and issue options in the US.
7. Once all of this is done, establish a Indian subsidiary pvt ltd and buy out its shares by the US parent. This Indian subsidiary is where the founders and the Indian employees will receive salaries. U cannot receive salary from the US in india as a founder. This is a tax problem. Just don't do it. But it's a minor problem.
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