FAQ’s based on the queries received at the various sessions of Quest Assist - ICSI on INCORPORATION OF COMPANY

Q. 1 In case of a Foreign Company, where the place of business is in India, who can be appointed as authorised representative?

Ans: Pursuant to provision of Section 380 of the Companies Act, 2013, one or more persons resident in India can be authorized to accept on behalf of the company service of process and any notices or other documents required to be served on the company. Such person can be authorized either through board resolution or power of attorney by the foreign company.

Q. 2 How the subscriber sheet should be signed in case of foreign subscribers?

Ans: In case of a foreign subscriber signing outside India, the MOA subscriber sheet needs to be physically signed and appostiled/consolised at the place of signing in accordance with Rule 13 of the Companies (Incorporation) Rules, 2014. The complete MOA and AOA along with the subscriber sheet should be attached with the e-form INC-32 (SPICe).

Source: ICSI

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