For Indian entrepreneurs using Stripe Atlas to set up U.S.-based companies, compliance with India's Overseas Direct Investment (ODI) regulations can be tricky. A recent discussion in the KPH community revealed the common challenges many founders face in this area. Here’s a breakdown of what’s happening and how to resolve these issues.
The Problem: Stripe Atlas and ODI Compliance
One member shared their experience of forming a Delaware C Corp using Stripe Atlas. Both founders were Indian residents, but they soon realized that their setup was not compliant with India's ODI regulations. Specifically, the transaction made to pay the Stripe Atlas fee was considered an ODI, and it wasn’t processed correctly under Indian law.
If you're unfamiliar with the issue, this happens when Indian residents invest in foreign companies but fail to follow the official process required by the RBI (Reserve Bank of India). This can cause compliance problems down the line.
How to Fix It: Solutions Shared by Experts
Filing for Compounding: Instead of dissolving the company and starting over (which some have done), one solution is to file for compounding. This allows you to resolve the non-compliance issue without going through the hassle of reincorporating.
Pay the Fine: Another way to address the issue is by paying the fine associated with the non-compliance. Some members suggested that this, along with submitting additional documentation to the RBI, should resolve the problem.
Getting Help from Professionals: Several entrepreneurs recommended working with a good CA (Chartered Accountant) or legal firm. Here are some options based on your budget:
○ For larger budgets: KPMG.
○ For mid-range budgets: KNAV or Valserve.
○ For smaller budgets: A local Cochin CA could help.Dissolving and Reincorporating: If you want to avoid dealing with compounding, another option is to dissolve your current company and incorporate again, following the correct ODI process. Some members are taking this route to start fresh.
Advice for Early-Stage Startups
One valuable piece of advice shared was to focus on your product first before diving deep into legal matters. One member put it simply: “Don’t get bogged down by legal issues until your product-market fit is established and you have stable revenue.”
Simplifying U.S. Revenue Collection
For those planning to receive payments from U.S. clients, a simpler option could be to set up an account with banks like ICICI, label the payments as software export revenue, and file the transactions using the EDPMS system. This makes it easier to manage compliance when dealing with international payments.
Why Compliance Matters
Although the paperwork and legal steps can feel overwhelming, especially for smaller transactions, it's important to comply with these regulations. Governments track overseas investments to ensure transparency and avoid misuse. A few members pointed out that the laws around materiality mean that major compliance checks are triggered only for larger transactions, but it's always safer to stay on the right side of the law.
What You Can Do Next
If you're facing similar compliance challenges, here are a few steps you can take:
Consider filing for compounding to resolve the non-compliance issue.
Reach out to professionals (CA or legal firms) to guide you through the process.
Focus on building your product and getting stable revenue before worrying too much about legal complexities.
Join the KPH Community
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Join the KPH Community to connect with experienced founders and experts who can provide helpful advice and support. Stay informed about the latest trends and best practices to navigate business challenges and compliance with ease.
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Note: This article features insights from leading entrepreneurs and professionals. Their contributions help shape our understanding of the compliance challenges and solutions faced by Indian founders using Stripe Atlas.