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FOREIGN COMPANIES
 Every foreign company shall, within thirty days of
establishment of its place of business in India, in addition to
the particulars specified in section 380 of the Act, also deliver
to the Registrar for registration, a list of directors and
Secretary of such company
Place of business
A foreign company shall, within a period of thirty days of the
establishment of its place of business in India, file with the
registrar Form FC-1
The application shall also be supported with an attested copy of
approval from the Reserve Bank of India under Foreign Exchange
Management Act or Regulations, and also from other regulators, if
any, approval is required
Financial Statement of foreign company.-
 Every foreign company shall prepare financial statement of
its Indian business operations in accordance with Schedule
III
 Every foreign company shall, along with the financial statement
required to be filed with the Registrar, attach thereto the following
documents
 Statement of related party transaction,
 Statement of repatriation of profits
 Statement of transfer of funds (including dividends if any) which shall,
in relation of any fund transfer between place of business of foreign
company in India and any other related party of the foreign company
 The documents referred to in this rule shall be delivered to
the Registrar within a period of six months of the close of the
financial year of the foreign company
Audit of accounts of foreign company.- V
Every foreign company shall get its accounts, pertaining to
the Indian business operations prepared in accordance with
the requirements of clause (a) of sub-section (1) of section
381 and rule 4, audited by a practicing Chartered Accountant
in India or a firm or limited liability partnership of practicing
chartered accountants
List of places of business of foreign
company
 Every foreign company shall file with the Registrar, along
with the financial statement, in Form FC.3
Annual Return
Every foreign company shall prepare and file, within a
period of sixty days from the last day of its financial year, to
the Registrar annual return in Form FC.4
Office where documents to be delivered
and fee for registration of documents
 Any document which any foreign company is required to
deliver to the Registrar shall be delivered to the Registrar
having jurisdiction over New Delhi
Certification
 A copy of any charter, statutes, memorandum and articles, or
other instrument constituting or defining the constitution of a
Foreign company shall be duly certified to be a true copy
Authentication of translated documents
 All the documents required to be filed with the Registrar by the
foreign companies shall be in English language
 Where any such translation is made outside India, it shall be
authenticated by the signature and the seal of the official having
custody of the original or a Notary of the country where the
company is incorporated
 Where such translation is made within India, it shall be
authenticated by an advocate, attorney or pleader entitled to
appear before any High Court and an affidavit, of a competent
person having, in the opinion of the Registrar
Action for improper use or description as
foreign company
 If any person trade or carry on business in any manner under
any name or title or description as a foreign company
registered under the Act or the rules made thereunder, that
person or each of those persons shall, unless duly registered
as foreign company under the Act and rules made thereunder,
shall be liable for investigation under section 210 of theAct
THANKS
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Foreign company Companies Act, 2013

  • 2.  Every foreign company shall, within thirty days of establishment of its place of business in India, in addition to the particulars specified in section 380 of the Act, also deliver to the Registrar for registration, a list of directors and Secretary of such company
  • 3. Place of business A foreign company shall, within a period of thirty days of the establishment of its place of business in India, file with the registrar Form FC-1 The application shall also be supported with an attested copy of approval from the Reserve Bank of India under Foreign Exchange Management Act or Regulations, and also from other regulators, if any, approval is required
  • 4. Financial Statement of foreign company.-  Every foreign company shall prepare financial statement of its Indian business operations in accordance with Schedule III  Every foreign company shall, along with the financial statement required to be filed with the Registrar, attach thereto the following documents  Statement of related party transaction,  Statement of repatriation of profits  Statement of transfer of funds (including dividends if any) which shall, in relation of any fund transfer between place of business of foreign company in India and any other related party of the foreign company
  • 5.  The documents referred to in this rule shall be delivered to the Registrar within a period of six months of the close of the financial year of the foreign company
  • 6. Audit of accounts of foreign company.- V Every foreign company shall get its accounts, pertaining to the Indian business operations prepared in accordance with the requirements of clause (a) of sub-section (1) of section 381 and rule 4, audited by a practicing Chartered Accountant in India or a firm or limited liability partnership of practicing chartered accountants
  • 7. List of places of business of foreign company  Every foreign company shall file with the Registrar, along with the financial statement, in Form FC.3
  • 8. Annual Return Every foreign company shall prepare and file, within a period of sixty days from the last day of its financial year, to the Registrar annual return in Form FC.4
  • 9. Office where documents to be delivered and fee for registration of documents  Any document which any foreign company is required to deliver to the Registrar shall be delivered to the Registrar having jurisdiction over New Delhi
  • 10. Certification  A copy of any charter, statutes, memorandum and articles, or other instrument constituting or defining the constitution of a Foreign company shall be duly certified to be a true copy
  • 11. Authentication of translated documents  All the documents required to be filed with the Registrar by the foreign companies shall be in English language  Where any such translation is made outside India, it shall be authenticated by the signature and the seal of the official having custody of the original or a Notary of the country where the company is incorporated  Where such translation is made within India, it shall be authenticated by an advocate, attorney or pleader entitled to appear before any High Court and an affidavit, of a competent person having, in the opinion of the Registrar
  • 12. Action for improper use or description as foreign company  If any person trade or carry on business in any manner under any name or title or description as a foreign company registered under the Act or the rules made thereunder, that person or each of those persons shall, unless duly registered as foreign company under the Act and rules made thereunder, shall be liable for investigation under section 210 of theAct