Intimation to Registrar of Companies

Any foreign company can establish its place of business in India by filling Form FC-1 (Documents delivered for registration by a foreign company). The eForm has to be digitally signed by authorized representative of the foreign company.

There is no need to apply and obtain DIN for Directors of a foreign company but the DSC of the authorized representative is mandatory, which again is not required to be registered on MCA Application

1) Foreign companies which, establish a place of business within India are required to deliver the e-form FC-1 along with the following documents as attachments, to the Registrar of Companies within thirty days of the establishment of the place of business, for registration—

— Charter, statutes or memorandum and articles of association or other instrument constituting or defining the constitution of the company is to be attached. If the same is not in English language then it should be translated copy in English language.

— Details of individuals’ directors are to be attached. Details should contain name, surname, former name-if any, residential address, occupation and other directorship, if any.

— Approval letter from Reserve Bank of India for the setting up of business in India is to be attached,

— Power of attorney or board resolution in favour of the authoritsed representatives is to be attached.

— Director’s details—in case of body corporate, details containing name and complete address of body corporate.

— Secretary details—if any.

(The form will be digitally signed by the authorized representative of the foreign company)

(2) The details of directors, Secretary and body corporate should contain the following particulars, that is to say:

(a) with respect to each director—

(i) In the case of an individual,

Ø  his present name and surname in full,

Ø  any former name or names and surname or surnames in full,

Ø  his usual residential address, his nationality, and if that nationality is not the nationality of origin,

Ø   his nationality of origin, and

Ø  his business occupation, if any, or if he has no business occupation but holds any other directorship or directorships, particulars of that directorship or of some one of those directorships;

(ii) In the case of a body corporate,

Ø  its corporate name and

Ø  registered or principal office; and the full name, address,

Ø  nationality and nationality of origin, if different from that nationality of each of its directors;

(b) With respect to the secretary, or where there are joint secretaries with respect to each of them—

(i) in the case of an individual, his present name and surname, any former name or names and surname or surnames, and his usual residential address; and

(ii) In the case of a body corporate, its corporate name and registered or principal office:

(Provided that, where all the partners in a firm are joint secretaries of the company, the name and principal office of the firm may be stated instead of the particulars mentioned in clause (b) of this sub-section.)

INFORMATION REUIRED FOR FILING FC-1

S. NO.	PARTICULARS	DETAILS (to be filled by clients)
1	Name of the foreign company
2	I SO code of the country where the foreign company is registered
3	Full address of registered or principal office of foreign company
4	Telephone number with ISD Code
5	email Id of the foreign company
6	Date of establishment of principal place of business in India
7	Type of Office
8	Address of the principal place of business in India (INCLUDING Telephone number & email id)
9	Main division of business activity to be carried out in India
10	Details of other places of business in India (if any)
11	Particulars of place(s) of business in India established on any earlier occasion(s) other than above (if any)
12	Details of the one or more person(s) resident in India and authorized to accept on behalf of the foreign company service of process and any notices or other documents required to be served on the foreign company
13	Details of the permission obtained from any Authority (along with copy of approval letter)
14	Whether the parent company is in operation at the time of making this application	Yes              or            No
15	Whether there is any winding up proceedings is pending against the parent company	Yes              or            No
16	Details of 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
17	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, 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
18	Whether the company is falling under section 379* of the Companies Act, 2013	Yes   No

Notes

• Section 379. Where not less than fifty per cent. of the paid-up share capital, whether equity or preference or partly equity and partly preference, of a foreign company is held by one or more citizens of India or by one or more companies or bodies corporate incorporated in India, or by one or more citizens of India and one or more companies or bodies corporate incorporated in India, whether singly or in the aggregate, such company shall comply with the provisions of this Chapter and such other provisions of this Act as may be prescribed with regard to the business carried on by it in India as if it were a company incorporated in India.

Attachments

• Certified copy of the charter, statutes, or memorandum and articles of the company or other instrument constituting or defining the constitution of the company; (duly certified by the directors of the company)

• L ist of directors and secretary of the foreign company; authorized representative(s);

• Power of attorney or board resolution in favor of the

• Reserve bank of India approval letter

• Optional attachment(s), (if any)

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