DYNK Inc., a company incorporated in USA, has established its Branch in Mumbai. Advise the company in regard to filing of the documents etc. under the Companies Act, 2013 and the Rules made thereunder.

DYNK Inc., a foreign company incorporated in USA and having established its branch office in Mumbai have to do following filings under the relevant provisions of the Companies Act, 2013 and the Rules made thereunder. Section 380 of the Companies Act, 2013 read with Rule 3 of the Companies (Registration of Foreign Companies) Rules, 2014 provides that - Every foreign company shall, within 30 days of the establishment of its place of business in India, deliver to the Registrar for registration: a certified copy of the charter, statutes or memorandum and articles, of the company or other instrument constituting or defining the constitution of the company and, if the instrument is not in the english language, a certified translation thereof in the english language; the full address of the registered or principal office of the company; a list of the directors and secretary or equivalent (by whatever name called) of the foreign company which shall contain prescribed particulars, for each of the persons included in the list; the name and address or the names and addresses of one or more persons resident in India authorised to accept on behalf of the company service of process and any notices or other documents required to be served on the company; the full address of the office of the company in India which is deemed to be its principal place of business in India; particulars of opening and closing of a place of business in India on earlier occasion or occasions; declaration that none of the directors of the company or the authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad; and any other information as may be prescribed. A foreign company shall, within a period of thirty days of the establishment of its place of business in India, file with the registrar Form FC-1 with prescribed fees and with the above mentioned documents required to be delivered for registration by a foreign company and the application shall also be supported with an attested copy of approval from the Reserve Bank of India under Foreign Exchange Management Act or Regulations, and also from other regulators, if any, approval is required by such foreign company to establish a place of business in India or a declaration from the authorised representative of such foreign company that no such approval is required. Where any alteration is made or occurs in the document delivered to the Registrar for registration under sub-section (1) of section 380, the foreign company shall file with the Registrar, a return in Form FC-2 along with the prescribed fees containing the particulars of the alteration, within a period of thirty days from the date on which the alteration was made or occurred. The additional filings required to be made under the relevant provisions of the Companies (Registration of Foreign Companies) Rules, 2014 (the Rules) are as under. As per the provisions of Rule 6 of the aforesaid Rules, every foreign company shall file with the Registrar, along with the financial statement, in Form FC-3 with prescribed fees, a list of all the places of business established by the foreign company in India as on the date of balance sheet. As per the provisions of Rule 7 of the aforesaid Rules, every foreign company shall prepare and file, within a period of sixty days from the last day of its financial year, to the Registrar annual return in Form FC-4 along with prescribed fees containing the particulars as they stood on the close of the financial year. As per the provisions of Rule 8 of the aforesaid Rules, any document which any foreign company is required to deliver to the Registrar shall be delivered to the Registrar having jurisdiction over New Delhi, along-with the prescribed fees. As per the provisions of Rule 9 of the aforesaid Rules, the provisions made for certification of any charter, statutes, memorandum and articles or other instrument constituting or defining the constitution of a Foreign company shall be complied by the foreign company. As per the provisions of Rule 10 of the aforesaid Rules, the provisions made for authentication of the translated documents etc. shall be complied by the foreign company.