Foreign Company Registration

 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.

After establishing a place of business in India, for the purpose of its registration, a foreign company is required to file form (FC-1) with the registrar (within 30 days) and deliver to 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 successful filing of this form, a Foreign Company Registration Number will be generated, and a certificate of registration will be given to the company.

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

Financial statements of Indian business carried on by a foreign company shall be prepared in accordance with Schedule III, and other documents shall be attached as prescribed under the rules applicable and delivered within six months from the end of the financial year. The registrar may extend this period of six months for a period not exceeding three months. These statements are filed in Form FC-3.

The company's accounts relating to Indian business shall be audited by practising chartered accountant or a firm/LLP of practising chartered accountants.

Along with the financial statements, the company is also required to provide details about all its places where it is conducting business in India as on the date of the balance sheet in Form FC-3

The annual return shall be filed within sixty days from last day of financial year to registrar in Form FC-4.