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The Tax Publishers Foreign Companies--Key Compliances under Companies Act, 2013 Pragya Lalwani This write-up highlights major compliances regarding registration of documents, filing of accounts and annual return, etc., that a foreign company has to undergo under the Companies Act, 2013. 1. Introduction 'Indian company' means a company incorporated in India while a 'foreign company' means a company incorporated outside India having a place of business in India and conducting business activity in India. Further, companies or body corporate incorporated outside India can even carry out their business activities in India without having any physical presence, i.e., through electronic mode as included in the definition of foreign company. Foreign companies carrying out their business operations in India have to comply with certain provisions of the Companies Act, 2013. Chapter XXII of the Companies Act, 2013 specifically deals with the provisions relating to 'Companies Incorporated Outside India'. Further, rules regarding it are also prescribed under the Companies (Registration of Foreign Companies) Rules, 2014. 2. Meaning of foreign company The expression 'foreign company' is defined under clause (42) of section 2 of the Companies Act, 2013. Accordingly, foreign company means any company or body corporate incorporated outside India which has a place of business in India, physically or through electronic mode, whether itself or through an agent or conducts any business activity in India in any other manner. 3. Documents to be delivered to Registrar for registration Every foreign company is required to file Form FC-1 along with following documents to the Registrar within thirty days of establishment of its place of business in India: SUBSCRIBE FOR FULL CONTENT

The Tax Publishers

Foreign Companies--Key Compliances under Companies Act, 2013

Pragya Lalwani

This write-up highlights major compliances regarding registration of documents, filing of accounts and annual return, etc., that a foreign company has to undergo under the Companies Act, 2013.

1. Introduction

'Indian company' means a company incorporated in India while a 'foreign company' means a company incorporated outside India having a place of business in India and conducting business activity in India. Further, companies or body corporate incorporated outside India can even carry out their business activities in India without having any physical presence, i.e., through electronic mode as included in the definition of foreign company. Foreign companies carrying out their business operations in India have to comply with certain provisions of the Companies Act, 2013. Chapter XXII of the Companies Act, 2013 specifically deals with the provisions relating to 'Companies Incorporated Outside India'. Further, rules regarding it are also prescribed under the Companies (Registration of Foreign Companies) Rules, 2014.

2. Meaning of foreign company

The expression 'foreign company' is defined under clause (42) of section 2 of the Companies Act, 2013. Accordingly, foreign company means any company or body corporate incorporated outside India which has a place of business in India, physically or through electronic mode, whether itself or through an agent or conducts any business activity in India in any other manner.

3. Documents to be delivered to Registrar for registration

Every foreign company is required to file Form FC-1 along with following documents to the Registrar within thirty days of establishment of its place of business in India: