Rules relating to Registration of Foreign Companies in India

by Gulshan Aggarwal Digital Marketer

Foreign Company Registration in India:

Any company that is incorporated outside India but has its place of business in India or has its operations of activities within Indian boundaries is termed as foreign company. Having a foreign company registration in India or its incorporation is actually quite simple and easy and not complex as it looks. It can be incorporated through online mode nowadays. Since, India is a vast place of opportunities for the companies and business it is one of the most preferred locations all over the world where foreign company wants to incorporate or foreign direct investments can be raised in India.

Procedure of Foreign Company Registration in India:

The process of Foreign Company Registration is very easy and viable. The necessary steps are-

·         Obtaining the Digital Signature Certificate (DSC).

·         Obtaining the Director Identification Number (DIN).

·         Approving a name for the company.

·         Application of Incorporation to the Registrar of Foreign Companies and mandated authorities.

·         Filing the Memorandum of Associations (MOA) and Articles of Association (AOA).

·         Obtaining the letter of incorporation or certificate with Corporate Identification Number.

·         Obtaining PAN and TAN.

Important Documents for Foreign Company Registration in India:

The necessary documents required for registering foreign company in India are-

·         Proof of identity that is passport for the foreign nationals.

·         Copy of driving licence.

·         Copy of bank statement or utilities bill not older than two months.

·         If the foreign national is residing in India then their residential permit.

·         Passport size photographs.

·         Duly notarized Articles of Association subscriber sheet.

·         Duly notarized Memorandum of Association subscriber sheet.

·         Authorization letter duly signed and attested from the authorized person along with mentioning of his/ her name and the number of subscribed shares.

·         Declarations from directors in Form DIR-2 and INC-9.

Rules relation to Foreign Company Registration in India:

The Companies (Registration of Foreign Companies) Rules, 2014 has laid down several rules relating to the Foreign Company Registration in India. Some important rules related to it are-

·         The particulars relating to the directors and secretary of the company is to be furnished to Registrar of Foreign Companies.

·         Financial statements of the Foreign Company Registration.

·         Audit of the accounts of the foreign company.

·         Filing the annual returns.

·         Office where documents have to be delivered and prescribed fee for registering the documents.

·         Certification.

·         Authentication of translated documents.

·         Documents that are to be annexed with the prospectus.

·         Action for improper use or description by the foreign company.

·         Issuing the Indian Depository Receipts (IDR).

Also Read: Procedure for Incorporation of Foreign Subsidiary in India

Establishing place of business by Foreign Company Registration:

Any company having foreign company registration in India can establish its place of business within the territorial boundaries of India by filing information in the e- Form FC-1. This e- form needs to be signed digitally by an authorized representative of the foreign company. These companies are mandated to register the Digital Signature Certificate of the authorized person through the associate DSC service on the MCA portal. They are not bounded to obtain DIN in general.

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Created on Nov 26th 2019 11:08. Viewed 423 times.

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