Establishment Of Place Of Business In India By Foreign Companies

India is a Big Market, in order to attract the market and new business in India, the government has established ease of doing business which leads the businessman to incorporate their companies within one/two days and the process of incorporation is being shorted.

Over the last few years, several steps have been taken to extend the ease of doing business in India, and foreign companies are being motivated to have a footprint in India.

There are various ways by which the foreign entity can establish their business in India and some of them are:

  • A Liaison office/ Representative Office,
  • Project Office or,
  • A Branch Office

Section 380 of the Companies Act,2013

Section 380 of the Companies Act, 2013 prescribes the documents, etc.., to be delivered to Registrar for registration by Foreign Companies within thirty days of the establishment of its place of business in India and the documents are mentioned below:

  • certified copy of memorandum, statutes orcharter and articles, of the company or other instrument constituting or defining the constitution of the company and, if not in the English language, then a certified translation in the English language.
  •  the complete address of the registered or principal office of the company.
  • a list of the directors and secretary of the company and their details as prescribed under section 4 of the Companies Act.
  • the name and address of one or more persons resident in India,who is authorized to accept on behalf of the company service of process and any notices or other documents required to be served on the company.
  • the complete address of the principal place of business in India.
  • details of opening and closing of a place of business in India on earlier occasions.
  • declaration by the directors or the authorized representative that none of them has ever been convicted or debarred from the formation of companies and management in India or abroad; and
  • any other information as prescribed under section 4 of the Companies Act.

Note:If any alteration occurred in any of the documents given to the Registrar then the foreign company will file a return containing the particular changes in the prescribed form to the registrar within thirty days of alteration of documents.

This content is meant for information only and should not be considered as an advice or legal opinion, or otherwise. AKGVG & Associates does not intend to advertise its services through this.

Posted by: CA Neetu Saini

AKGVG & Associates

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