Foreign Company


Foreign company means a company or a body corporate incorporated outside India which—

* is having a place of business in India whether by itself or through an agent, physically or through electronic mode; and

*  is conducting any business activity in India in any other manner.

So, it can be concluded that the mere visual presence of a foreign company doing business in India falls under the ambit of this definition.

Indian subsidiary of foreign company is any company where 50% or more of its equity shares are owned by a company that is incorporated in another foreign nation. The said foreign company in such a case is called the holding company or the parent company.

It is to be noted here that as per the Companies (Registration Offices and Fees) Rules, 2014, any document which foreign companies in India are required to deliver to the Registrar is to be delivered to the Registrar of New Delhi irrespective of where it operates its business in India.

How to register a foreign company in India? What is the procedure for foreign company registration in India?

After establishing a place of business in India, for the purpose of foreign business registration, a foreign company is required to file a form (FC-1) with the registrar (within 30 days) and deliver to the registrar certain documents-

a) its charter documents (in English);

b) address of the registered/principal office of the company;

c) a list of all the directors and secretaries;

d) the name(s) and address(es) of the person(s) resident in India and authorised to receive all notices or other documents on behalf of the company;

e) address of the place of business in India;

f) details of opening and closing of a place of business in India on an earlier occasion(s);

g) declaration that no director of the company or the authorised representative in India has ever been or is convicted or debarred from forming the companies and management in India or abroad; and

h) any other details

On the successful filing of this form, a Foreign Company Registration Number will be generated, and a certificate of registration will also be given to the company.

The list of directors and secretaries shall contain the following information about the directors-

* full name

* any former name or surname

* father's / mother's name

* spouse's name

* date of birth

* residential address

* nationality (current and of origin if any)

* Income tax PAN (if any)

* occupation

* directorship details in other companies

* Membership Number (for Secretary only)

* passport number, date of issue and country of issue

* email id

We at MAG, have a professional team to provide the best foreign company registration services in India.

How alteration in the documents of Foreign Company's place of business is made?

If any alteration is being made in the documents mentioned above, the company must intimate about the changes to the Registrar within 30 days of such changes being made. This intimation is to be made by filing Form FC-2. The attachments (in English) required are-

1) Certified copy of the Board resolution, if any

2) Copy of the resolution passed in General Meeting

3) Copy of approval letter (if any approval is required for such alteration).

4) Particulars of alterations in the place of business in India of the company

5) Particulars of alteration in details of the directors or secretaries

6) Particulars of alterations in details of the company authorised representative

7) Any other information can be provided as an optional attachment(s).

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