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.