In this article we provide Information on documents required for ISP License Application in India – Stage 1 & 2
Stage 1 – Documents required for ISP License Application in India
PROCESS A: Company related documents
A certified copy of the Certificate of Incorporation of the company issued by the Registrar of Companies.
A certified copy of Memorandum of Association & Article of Association highlighting the provisions which includes Internet Services under the main objects of the company.
Written consent of the company’s board regarding decision of the company to apply for a new ISP Licence and details of the authorized signatory including name and designation along with the specimen signature.This disclosure has to be signed & stamped by a Company Secretary.
Certified copy of Form-18 along-with the copy of challan form i.e. GAR-7 (in case registered office address is not mentioned in Certificate of incorporation or the address shown in Certificate of incorporation is different from that given in application form).
PROCESS B: Application Form – Unified License
Duly filled application form in the format given by DOT, on your company letterhead under the signature of authorized signatory. The form should be sent to ADG(LR-1), Department of Telecommunications, Room No. 1021, Sanchar Bhawan, 20, Ashoka Road, New Delhi-110117.
A list of Directors of the company with a few of their details like name, address, nationality etc. and the complete equity structure of the company has to be mentioned in the application form. This gives clarity to the Government about the foreign investment, if any, in the applicant company. This disclosure has to be signed & stamped by a Company Secretary.
A one-time non-refundable processing fee of INR 15,000/- has to be paid in the form of Demand Draft drawn in favor of “Pay & Accounts Officer (HQ), DoT” payable at New Delhi.
The DOT is extremely vigilant about empty spaces in a form. There have been numerous instances where the DOT rejects an application because of unfilled spaces. Thus, it strictly directs the applicant to not leave any item blank. If the applicant has no information to furnish in a particular item, please mention ‘No’, ‘Nil’ or ‘Not applicable’.
PROCESS C: Foreign Investment related Documents
You will require FIPB Approval if there is more than 49% composite FDI in the applicant company. A copy of FIPB Approval in the name of Applicant Company, certified by the Company Secretary has to be provided if composite FDI (direct and indirect equity) in the applicant company is more than 49%.
Stage 2 – Documents required for ISP License Application post receipt of Letter of Intent
PROCESS D: Letter of Intent
After review and examination of the application of the Licensee, the Licensor / DoT will issue a Letter of Intent in favor of the Licensee. The DoT may require such further documents as will be indicated in the Letter of Intent within a specified period of time.
After receiving the Letter of Intent, the Licensee will need to pay a one-time non-refundable entry fee, along with the performance and financial bank guarantees of the appropriate amount (link) in the form of a Demand Draft drawn in favor of “Pay & Accounts Officer (HQ), DoT” payable at New Delhi.
All documents required for ISP License Application in India must be signed by the authorized signatory.
Needles to say, the DoT may at any time in the future issue such notifications, laws, rules and amendments that may require the Licensee to submit additional documents while applying for the license or during the subsistence of the license.
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