List the Documents Required for Registration Foreign Company
A foreign company is a company that is incorporated outside India. However for the purpose of section 591 a foreign company means a company which is incorporated outside India but has an established place of business in India.
Registration of documents a foreign company which establish a business in India is required to deliver the following documents to the registrar for registration within 30 days of the an establishment of such place of business.
- A certified copy of the charter, memorandum, an articles or any other instruments defining the constitution of the company and in case the instruments is not in English language a certified translation thereof;
- Full address of the registered, of principle, office of the company;
- List of particulars of its directors and secretary;
- Particulars of the person resident in India authorized to accept service of documents on behalf of the company and
- Adders in full of the company’s principle place of business in India.
Accounts every foreign company shall prepare a balance sheet and profit &loss account under the provision of this Act in every calendar year, as if it is an Indian company. Documents Required for Registration Foreign Company
Statutory Accounts A foreign company must file its balance sheet and profit & loss account in the same form, and furnish the same particulars (particular with respect to documents relating to every subsidiary of the foreign company) exactly as it would have in case it had been a company within the meaning of the companies Act, 1956. The Central Government may direct that these accounting requirements do not apply or apply with modification to a particular foreign company or any class of foreign companies.
Alterations Any alteration to the aforesaid particulars that have been furnished to the Registrar shall be communicated to the Registrar by filling a return in the prescribed form.
Application if other provision of the companies Act, 1956 The following provision of the companies Act, 1956 will apply to a foreign company.
- Registration of charges in respect of charges on property crated in India
- The rights of members and debenture holders to obtain and inspect a copy of trust deed.
- Keeping books of account at the principle place of business in India. Other provision added by the companies (Amendment) Act, 1974.
Fees for Registration of Documents Rule of the companies general Rules and forms 1956 prescribed a fixed fee of INR 5,000 to be paid for the registration of documents by a foreign company.
Winding-up A foreign company may be wound-up as an unregistered company, only company may be wound-up I fin the following cases:-
- The foreign company is dissolved, or has ceased to carry on is business or is carrying on its business only for the purpose of winding-up its affairs;
- The foreign company is unable to pay its debts and
- NCLTS is of the opinion that it is just and equitable that the foreign company should be wound-up.
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