William & Company, a company incorporated in U.K., decides to set-up its corporate office in Mumbai. Accordingly, the Board of directors of the company passes a resolution. The Board seeks your advice on the procedur

As per Section 2 (42) of the Companies Act, 2013 "Foreign Company" means any company or body corporate incorporated outside India which - has a place of business in India whether by itself or through an agent, physically or through electronic mode; and conducts any business activity in India in any other manner. Accordingly, William & Company, a company incorporated in U.K., in case, it sets up its corporate office in Mumbai would be termed as a 'Foreign Company' under the Companies Act, 2013. Accordingly, the following procedure would be required to comply with. Every foreign company shall, within thirty days of the establishment of its place of business in India, deliver to the Registrar for registration [Section 380(1)] - 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; the full address of the registered or principal office of the company; a list of the directors and secretary of the company with particulars; 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 Indian on earlier occasions; 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; or other prescribed particulars. In addition to above, a list of directors and Secretary of company, needs to be delivered to the Registrar (Rule 3) of Companies (Registration of Foreign Companies) Rules, 2014. The Foreign Company shall, within a period of thirty day of establishment of its place of business in India, file Form FC-1 of the Companies (Registration of Foreign Companies) Rules, 2014 and the application shall also be supported with an attested copy of approval from Reserve Bank of India under Foreign Exchange Management Act or Regulations and also from other Regulators, if any.