Checklist Foreign Company Registration under Companies Act

Author: Enter Slice

The definition of Foreign Companies under the New Act has been drastically expanded. It has included those foreign companies that are doing business in India through electronic mode also. It encompasses every transaction that is carried through electronic mode via email, mobile devices, social media, data transmission etc.

Documents required for the Registration of the Foreign Company under Companies Act, 2013

An application for foreign Company Registration shall be made to ROC in Form FC-1 within 30 days of its business establishment in India along with the following documents:

  1. Certified copy of the approval letter from Reserve Bank of India (RBI) under FEMA regulations or if approval not required declaration from an authorized representative.
  2. Duly notarized and an apostiled copy of the Power of Attorney or the Board resolution in favor of the authorized representative in India.
  3. Duly notarized and apostiled Certified Copy of the following:
  • charter,
  • statutes, or
  • memorandum and articles of the company or
  • Other instrument constituting or defining the constitution of the company.

4. List of Directors and Secretary of the Foreign Company containing the following particulars:

  • Personal name and surname in full;
  • Any former name or names and surname or surname in full;
  • Father’s name or mothers name and spouse name;
  • Date of birth;
  • Residential address;
  • Nationality;
  • If the present nationality is not the nationality of origin, his nationality of origin;
  • Passport Number, date of issue and country of issue (if a person holds more than one passport, then details of all passport to be given);
  • PAN no., if applicable;
  • Occupation, if any;
  • If holding directorship in any other Indian Company- DIN, Name, and CIN of that Company ;
  • Other directorship or directorships held by him’
  • Membership No. ( For secretary only); and
  • Email Id
  1. Address of the Principal place of business in India along with Telephone No., email id.
  2. Details (date of establishment, Type of office, Address, Telephone no., Email id, Business activities carried out at such place) or other place of business in India, if any and also give particulars of places established on earlier occasions in India even if the same is closed along with date of closure of such place of business and also FCRN of such office.
  3. Details of the Authorized person in India on behalf of the foreign company:
  • Full Name;
  • Father’s Name;
  • Date of birth;
  • DIN;
  • PAN;
  • Designation;
  • Number of passports and its details;
  • Nationality;
  • Occupation;
  • Address
  • Telephone No.
  • Email Id
  1. Details of a subsidiary, holding or associate companies in India of the foreign company or of any subsidiary or holding company of such foreign company or of any firm in India in which such foreign company or its holding or subsidiary company is a partner:
  2. Details of the persons, firms or companies in India which shall be deemed to be the `related party', within the meaning of clause 76 of section 2 of the Act or Indian Accounting Standard 18, of the foreign company or of any subsidiary or holding company of such foreign company or of any firm in which such foreign company or its subsidiary or holding company is a partner.
  3. Duly executed Lease Deed and the Copy of Utility Bill of such office of the Company.
  4. Proof of Identity (PAN Card) and Proof of residence (any one of the Telephone Bill, Bank Statement, Electricity Bill, Mobile Bill which shall not be older than 2 months).
  5. Digital Signature Certificate (DSC) of the Authorized representative of the foreign Company.