Key takeaway
When you run a business from abroad, documents do the work your presence would. Clear ownership, decision-making and contract documents protect your stake and make disputes easier to resolve.
Constitution and ownership
- Memorandum and articles of association, or LLP agreement
- Shareholders’ or founders’ agreement — voting, transfers, exits, deadlock and dispute resolution
- Share certificates, register of members and cap table
- Records of foreign investment reporting, where applicable
Governance
- Board and shareholder resolutions and minutes
- Delegation of authority and bank signing mandates
- Power of attorney for a local representative, kept specific and revocable
Commercial contracts
- Customer and supplier agreements, with payment terms and jurisdiction or arbitration clauses
- Non-disclosure agreements
- Lease or licence of business premises
- Distribution, franchise or agency agreements
People
- Employment contracts and policies
- Consultant and contractor agreements
- Confidentiality and IP assignment clauses
Intellectual property
- Trademark applications and registrations
- Assignment of IP created by founders and staff to the company
- Software and content licences
Compliance
- PAN, TAN, GST and local licences
- Annual filings, audit reports and tax returns
- Records of related-party transactions
Common mistakes
- No written agreement among family or friend co-founders.
- A broad, permanent power of attorney to one person.
- IP registered in an individual’s name instead of the company’s.
- Contracts without dispute resolution clauses.
Frequently asked questions
Can documents be signed electronically?
Many commercial documents can, but some — such as certain property and registered documents — need physical execution and stamping.
Do contracts need stamp duty?
Many do under state stamp laws; unstamped documents can face difficulties as evidence.
Should disputes go to arbitration?
Often useful for cross-border businesses — take advice on the seat and rules.
Related LegalCops services
References
- Companies Act, 2013; Indian Contract Act, 1872
- Arbitration and Conciliation Act, 1996
- State stamp laws
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
