Watson Ltd., a company incorporated in Australia, has a place of business through an agent in Mumbai. The agent transacts the business on behalf of the company through electronic mode. As regards Watson Ltd., answer the
CS Professional · Advanced Company Law and Practice · PYQS · December 2016
Watson Ltd., a company incorporated in Australia, has a place of business through an agent in Mumbai. The agent transacts the business on behalf of the company through electronic mode. As regards Watson Ltd., answer the following: (ii) What are the regulatory requirements under the Companies Act, 2013 to be complied with by such a company which has established its place of business in India ?
Answer & Explanation:
Such a company shall, within 30 days of the establishment of its place of business in India, deliver to the Registrar (Registrar of Companies) for registration the following documents through filing of Form FC-1 as prescribed under section 380 (1) of the Companies Act, 2013 and Rule 3(3) of the Companies (Registration of Foreign Companies) Rules, 2014: A certified copy of the charter, statute 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 English language, a certified translation thereof in the English language; Full address of the registered or principal office of the company; a list of directors and secretary of the company with particulars; the names and addresses of one or more persons resident in India 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 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 occasions; declaration that none of the directors of the company or authorized representative in India has ever been convicted or debarred from formation of companies and management in India or abroad. According to Section 380 (3) of the Companies Act, 2013 and Rule 3 (3) of the Companies (Registration of Foreign Companies) Rules, 2014 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 fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 containing the particulars of the alteration, within a period of thirty days from the date on which the alteration was made or occurred.
Topics: Foreign Companies
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