India is one of the largest and fastest growing economies in the world.
Partnering with Indian companies can bring significant benefits, including access to new markets and cost reductions through the use of advanced technologies. However, before entering into business relationship with an Indian counterparty, it is necessary to conduct a thorough check of the company in order to minimize risks and avoid possible problems. Failure to understand legal regulations, financial reporting, business practices and cultural differences can lead to serious consequences such as financial losses, violation of laws or loss of reputation.
In the context of expanding international cooperation, many companies are striving to enter new markets and establish partnerships with foreign counterparties. India attracts special attention from entrepreneurs and investors from all over the world. With population of over 1.4 billion people and a diverse economy, there are huge opportunities for business, but also many challenges that require heightened levels of due diligence.
1. Official registration, legal status and financial condition
The first step in checking an Indian counterparty should be to confirm its legal status and registration.
Forms of enterprise in India:
- limited liability company (Private Ltd Company, Public Ltd Company, Limited Liability Partnership);
- partnerships (Joint Hindu Family business, Partnership, Cooperatives);
- Sole proprietorship;
- Unlimited Company;
- representative offices (Liaison Office, Branch Office, Project Office, Subsidiary Company).
Information about shareholders is not disclosed in the publicly available data, however, it is included in the annual report that all the companies are required to submit. The financial year ends on March 31.
Companies are required to publish financial statements, although general partnerships and sole proprietorships are not required to register with the Companies Registry and submit statements.
As of 2021, there are more than 63 million partnerships and sole proprietorships and over 1.3 million companies (private, public companies) registered in India.
Using financial statements, you can check both the official registration of a potential counterparty and its financial status. If financial statements are not available, it must be requested directly from the company. For more in-depth and thorough analysis of financial condition and creditworthiness, financial statements should be requested for the last few years, as well as income and expense reports. It is important to ensure that company does not have significant debts or liabilities that could impact its ability to meet its obligations to you. It is also helpful to obtain credit report, which will show company's credit history and creditworthiness.
2. Checking licenses and certificates
You can request licenses and certificates from your Indian counterparty to carry out compliance procedures. They are not mandatory, but their presence or absence will help ensure that due diligence process is followed.
- Business license (Company Business License)
Any operating company in India, except general partnerships and sole proprietorships, is required to have a business license and a unique identification number. Most Indian companies (except LLPs) have Corporate Identification Number (CIN). You can check registration details of a company on the Ministry of Corporate Affairs (MCA) website using company name or its CIN. Companies with LLP status are given an identification number (LLPIN), which can also be verified on the MCA website.
The CIN number provides key information about a company, and by looking at this 21-digit code, you can determine the type of a company, its location, and the date it was incorporated.
First letter of the CIN indicates the status of a company: U for non-public companies and L for public companies.
Next five digits represent the industry in which the company operates. Then there are two numbers indicating the state in which the company is registered. Next four digits indicate the year the company was registered.
Three letters following this determine the type of ownership of the company. For example, PLC means a public limited company, SGC means a state government company, and OPC means a sole member company.
Last six digits of the CIN number are unique company registration number that is officially assigned to a company.
Next five digits represent the industry in which the company operates. Then there are two numbers indicating the state in which the company is registered. Next four digits indicate the year the company was registered.
Three letters following this determine the type of ownership of the company. For example, PLC means a public limited company, SGC means a state government company, and OPC means a sole member company.
Last six digits of the CIN number are unique company registration number that is officially assigned to a company.
- Export License (Import-Export Certificate)
Not all companies in India have export license that allows them to conduct foreign economic activities. Therefore, many organizations cooperate with transport and trading companies to organize export and import of products.
However, having export license significantly enhances company’s reputation, as it indicates supplier’s greater experience in international trade and working with foreign clients.
- Taxpayer Certificate (GST Certificate)
Taxpayer certificate, known as GST Certificate, is a mandatory document. It must be obtained by all companies that provide goods or services and whose annual revenue exceeds 20 LAK Indian Rupees (~$24K).
Company Tax Registration Number (GSTIN) can be checked on the Government of India website under the Goods and Services Tax section.
- ISO 9001 Certificate
ISO 9001 certification is one of the most frequently requested international certifications from suppliers. This certificate confirms that the company has implemented quality management system that can be applied in various industries, not only in manufacturing.
Company that is ISO 9001 certified must have quality control department that is responsible for monitoring processes and checking products for compliance with established requirements. This system includes measures to correct identified deficiencies and control effectiveness of operations.
Indian suppliers are ISO 9001 certified if they export to America and Europe. Because many large organizations and brands require this certificate to start cooperation.
However, having a certificate does not guarantee that company's daily operations are fully compliant with the quality management system. In some cases, suppliers obtain certification only for appearance's sake and do not pay due attention to maintaining effective internal quality control system.
3. Checking litigation and legal disputes
To prevent possible legal problems, you should check for any litigation or legal disputes that company might be involved in. In India, this can be done through the National Judicial Data Grid portal or by researching local news and publications about the company. It is important to pay attention to frequency and severity of such disputes, as this may indicate problems in the company's management or business practices.
4. Reputation and business practices
Company's reputation in the market is an important aspect. Check reviews and ratings of a company from other clients and partners. This can be done by checking online reviews, as well as through business social media where you can find information about key executives and their professional reputation.
5. Pitfalls and specific risks
Indian market is characterized by certain specific risks. For example, presence of "family-owned" companies, where a significant portion of management is concentrated in the hands of one family clan, can create problems with transparency and management efficiency. It is also worth considering cultural differences in negotiating and deal-making - Indian companies may use longer timeframes for decision-making, which is important to take into account when planning joint projects.
In addition, India has tax and currency regulations that may impact financial transactions with counterparties.
Reducing risks when working with companies from India with the help of Globas
Checking Indian counterparties requires comprehensive approach, including verification of legal status, financial stability, presence of litigation and reputation. Also consider specific risks associated with doing business in India. With a careful and informed approach, you can minimize risks and successfully cooperate with Indian companies.
Independently checking a counterparty from India is a complex task that requires attention, time and deep understanding of legal norms. To achieve the best results, it is recommended to contact professionals with the necessary knowledge and experience.
Information agency Credinform and Information and analytical system Globas can help in performing due diligence tasks when checking international business partners, including companies from India.
Credinform is the leading source of economic information on companies worldwide.
In Globas you can online obtain information about companies in Belarus, Kazakhstan, Kyrgyzstan, Latvia, Moldova, Tajikistan, and also generate a report on more than million companies from Europe, America, Africa and Asia-Pacific region. Report will include information on registration, financial statements, shareholders, beneficiaries and all basic information necessary to make an informed decision.
For a more detailed and thorough check, you can order an online report. Your request will be processed by a team of professional experts with extensive experience and specialization in this field. You will receive comprehensive information, including registration data, financial statements, ownership structure taking into account international connections, expert assessment, as well as verification of connections and affiliations with Russian companies.
Globas
Credit reports on foreign companies
Thanks to a wide network of partners, Credinform provides information about legal entities and entrepreneurs around the world on all continents: from multinational corporations to offshore companies and individual entrepreneurs. To verify the solvency of the company, to identify the owners or to check the fact of registration in an offshore zone – our experts will provide comprehensive information and a competent resume.