Registration of Foreign Company in India By Sarah Bhandari


 [Pursuant to section 380(1) (h) of the
Companies Act 2013, and rule 3(3) of
Companies (Registration of Foreign
Companies) Rules, 2014]
 
Provisions of this section apply to every foreign company who establish its place of business in India, Shall deliver a number of documents within 30 days to the Registrar for Registration, the company has to file eForm FC-1(Information to be filed by Foreign Company) to Registrar.
 
Purpose of this eForm

A foreign company shall file the particulars of the principal place of business in eform FC-1 within 30 days of the establishment of place of business in India along with the required documents to RoC, Delhi. The Registrar of the corresponding state shall have access to these documents filed with the RoC, Delhi.
 
HERE ARE THE INFORMATION NEED TO BE FILLED BY FOREIGN COMPANY IN THE FORM
 
  1. ISO Code of the country where the foreign company is registered;
  2. The full address of the registered or principal office of foreign Company;
  3. Date of establishment of the principal place of business in India;
  4. Details of other places of business in India, If Any Note Here: Details shall be mentioned even if the same is the closed date of closure of such place of business and also FCRN of such office;
  5. Particulars of Place(s) of business in India established on an earlier occasion(s) other than above (if any) Note here: Maximum seven of such offices can be entered. If more than seven then can be given in the necessary attachment(s);
  6. Enter the name of one or more authorized in India on behalf of the Company Note here: if the total number of the authorized person(s) exceeds seven the details of the remaining person(s) can be provided as an optional attachment;
  7. Enter the number of person who holds the Company’s not less than fifty percent paid-up share capital (Individually or in aggregate) as per Section 379 of the Act.
  8. Details of the persons, firms or companies in India which shall be deemed to be the ‘Related Party’ of the foreign company or of any subsidiary or holding company of such foreign company or of any firm in which such foreign company or its subsidiary or holding company is a partner.
HERE ARE LIST OF MANDATORY DOCUMENTS REQUIRED IN THE FORM
 
  1. Certified copy of the charter, statutes, or memorandum and articles of the company or other instrument constituting or defining the constitution of the company.
  2. List of Director and Secretary of the Foreign Company
  3. Power of attorney or board resolution authorizing representative(s)
  4. Approval letter from Reserve Bank of India under Foreign Exchange Management Act or Regulations,
  5. Copy of Permission letter from other Authority(s), Regulator(s), If Any
  6. Declaration by Director(s) or Authorised Representative in India for not convicted or debarred from the formation of Companies and management in India or Abroad.
As per Rule 3(4) of Companies (Registration of Foreign Companies) Rules, 2014 where any alteration is made or occurs in the document delivered to the registrar for registration, the foreign company shall file return in Form FC-2 containing the particulars of the alteration within the period of 30 days of such alteration was made or occurred.

In pursuant to Rule 3(2) of Companies (Registration of Foreign Companies) Rules, 2014 the list of Directors and Secretary or equivalent (by whatever name called) shall contain the following particulars, for each of the persons included in such list, namely:-
 
  1. Name of the person and Surname in full;
  2. Any former name or names and Surname or surnames in full;
  3. Father’s name or mother’s name and spouse’s name;
  4. Date of Birth;
  5. Residential address;
  6. Nationality;
  7. If the present nationality is not the nationality of origin, his nationality of origin;
  8. Passport number, date of issue and country of issue (if a person holds more than one passport then details of all passports to be given);
  9. PAN, if Applicable;
  10. Occupation, if any;
  11. DIN(Director Identification Number) and CIN( Corporate Identification Number)if directorship in any other Indian company;
  12. Other Directorship or Directorships held by him;
  13. Membership Number (for Secretary only); and
  14. Email ID.
Note:

If any person or person trade or carry on business in any manner under any name or title or description as a foreign company shall be liable for Investigation under section 210 i.e (Investigation into Affairs of Company) of the Act and action consequent upon that investigation shall be taken against that person.

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