Companies (Registration of Foreign Companies) Rules.

 

Particulars relating to directors and Secretary to be furnished to the registrar by foreign companies:

1.    Personal name and surname in full

2.    Any former name or names and surname or surname in full;

3.    Father’s name or mother’s name & spouse’s name;

4.    Date of birth;

5.    Residential address;

6.    Nationality

7.    If the present nationality is not the nationality of origin, his nationality of origin;

8.    Passport no., date of issue & country of issue;

9.    Income tax & PAN number, if applicable;

10.  Occupation, if any;

11.  Whether directorship in any other Indian company

12.  Other directorship or directorship held by him

13.  Membership number

14.  Email ID 

Financial statement of Foreign Company:

Audit of accounts of Foreign Company:

1.  Easy foreign company shall get its accounts, affecting to the Indian business operations prepared in accordance with the requirement of clause (a) of sub-section (1) of Sec. 381, rule 4, audited by a practicing Chartered Accountant in India or a firm or limited liability partnership of practicing chartered accountants.

2.   Audit and Auditors and rules made thereunder, as far as applicable, shall apply.

 

List of places of business of foreign company:

Every foreign company shall file the registrar along with the financial statement in form FC 3 Annual Return: Every foreign company shall prepared file within 60 days, to registrar annual return in Form FC 4

 

Office where documents to be delivered and fee for registration of documents:

1. Companies incorporated Outside India and these rules shall be constructed accordingly.

2. The fee to be paid to the registrar for registering any document relating to a foreign company shall be such as provided in the companies rules, 2014.

 

Certification:

If the company is incorporated in a country outside the commonwealth-

1)   The copy aforesaid shall be certified as a true copy by-

• An official of the government to whose custody the original is situated; or
•  A Notary of such country; or
•  An officer of the company.

2)  If the company is incorporated in any part of the commonwealth, the copy of the document shall be certified as a true copy by-

• An official of the government to whose custody the original of the document is committed; or
• A notary in that part of the commonwealth; or
• An officer of the company, on oath before a person having authority to administer an oath in that part of the commonwealth.

3) Any altered document delivered to the Registrar should also be duly certified in the manner mentioned above

4) If the company is incorporated in a company falling outside the commonwealth, but a party to the Hague Apostille Convention, 1961.

 

Authentication of translated documents:

1) All the documents registrar by the foreign companies shall be in English language.

2) Any translation made outside India, it shall be authenticated by the signature and the seal if any, of-

(a) The official having custody of the original; or

(b) A notary of the company where the company is incorporated:

3)  Where such translation is made within India, it shall be authenticated by-

(i) An advocate, attorney a pleader entitled to appear before any high court; or 

(ii) An affidavit, of a competent person having, in the opinion of the registrar, an adequate knowledge of the language of the original and of English.

 Documents to be annexed to prospectus:

• Any consent to the issue of the prospectus required from any person as an expert.
• A copy of contract for appointment of managing director or manager and in case of contract not reduced into writing, a memorandum giving full particulars thereof;
• A copy of any other material contracts, not entered in the ordinary course of business, but within 2 years;
• A copy of underwriting agreement; and
• A copy of power of attorney, if prospectus is signed through duly authorized agent of directors.

 

DISCLAIMER

The information shown in above blog/ article is from North Pole Management LLP. We believe that the information put forward are in sync with applicable laws & regulations prevailing at present. Any discrimination, if found by reader they can directly reach out to the management of the company on the email ID of contact@northpolemanagement.in
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