Manu Marbles Ltd is a company registered in Anuradhapuram, Sri Lanka. The company wants to establish a place of business in Tamil Nadu, India. State the various documents to be filed. With whom the documents are to be fi
CS Professional · Advanced Company Law and Practice · PYQS · June 2021
Manu Marbles Ltd is a company registered in Anuradhapuram, Sri Lanka. The company wants to establish a place of business in Tamil Nadu, India. State the various documents to be filed. With whom the documents are to be filed ?
Answer & Explanation:
As per Section 2(42) of the Companies Act, 2013, a "foreign company" means any company or body corporate incorporated outside India which, - (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner. As per Section 380 read with Rule 3 of the Companies (Registration of Foreign Companies) Rules, 2014, every foreign company shall, within 30 days of the establishment of its place of business in India, file the following documents to the Registrar of Companies in Form No FC-1 for registration: A certified copy of the charter, statute or memorandum of association and articles of association of the company or other instrument constituting or defining the constitution of the company and, if the instrument is not in 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 directors and secretary of the company with particulars as prescribed; The name(s) and address(s) 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 place of business in India on earlier occasion(s); Declaration that none of the directors of the company or authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad; and Other prescribed particulars.
Topics: Foreign Companies
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