Compliance requirements for Foreign Companies under the Indian Companies Act, after registration with Indian Registrar of Companies (ROC):
1. Name of the foreign company and Indian company
Foreign company's India office shall
(a) conspicuously exhibit on the outside of every office or place where it carries on business in India, the name of the company and the country in which it is incorporated, in letters easily legible in English characters, and also in the characters of the language or one of the languages in general use in the locality in which the office or place is situate;
(b) cause the name of the foreign company and of the country in which the company is incorporated, to be stated in legible English characters in all business letters, bill-heads and letter paper, and in all notices, and other official publications of the company; and
(c) if the liability of the members of the company is limited, cause notice of that fact to be conspicuously exhibited on the outside of every office or place where it carries on business in India, in legible English characters and also in legible characters of the language or one of the languages in general use in the locality in which the office or place is situate.
2. Change of name or address
If any alteration is made or occu
rs in—(a) the name or address of any of the persons authorised to accept service in India, on behalf of foreign company; or
(b) the principal place of business of the company in India;
the same are required to be intimated to Registrar of Companies in India within 30 (thirty) days from the date on which alteration was made or occurred.
3. Change in the charter, statutes, or memorandum and articles
If any alteration is made or occurs in—
(a) the charter, statutes, or memorandum and articles of a foreign company or other instrument constituting or defining the constitution of foreign company; or
(b) the registered or principal office of foreign company; or
(c) the directors or secretary of foreign company;
the same are required to be intimated to Registrar of Companies in India on or before 31 January of the year, following the year in which alteration was made or occurred.
4. Every year, foreign company is required to file with Indian Registrar of Companies-
(a) Certified copies of annual accounts for India operations, audited by Indian Chartered Accountants; and
(b) Certified copies of audited Balance Sheet and Profit and Loss account of foreign company (for its world operations, including for its Subsidiary(ies)), as soon as after the same are filed with the Registrar in the country of its incorporation; and
(c) Certified copies of Resolutions passed at general meeting(s) of foreign company during the year.
Aforesaid accounts filing shall be done within NINE months of the close of the financial year of the foreign company.
Translation requirements
Kindly note that any filing of document with Indian Registrar of Companies which is not in English language, then the same first needs to be translated into English language and then to be filed. Such translated copy shall be certified as correct translation as under:
For foreign company which is incorporated in a country which is not member of Commonwealth of Nations:
1. If translation into English is made outside India, then translation shall be certified by signature AND seal of company official.
And signature or seal of such company official shall be authenticated by Indian Consular at Dubai.
2. If translation into English is made within India, then translation shall be authenticated by
(a) an advocate appearing before High Court in India; or
(b) by affidavit if some person having knowledge of language of the original and of English.
For foreign company which is incorporated in a country which is a member of Commonwealth of Nations:
1. If translation into English is made outside India, then translation shall be certified by signature AND seal
(i) of official having custody of original; or
(ii) of a Notary (Public) of the country where the company is incorporated.
2. If translation into English is made within India, then translation shall be authenticated by
(a) an advocate appearing before High Court in India; or
(b) by affidavit if some person having knowledge of language of the original and of English.
To know on applicable laws and doing business in India, click here.
To know routes for Investment in India, click here.
To know our services to foreign entities, click here.
|
