Establishment of place of business in India by Foreign Companies

India is a Big Market, in order to attract the market and new business in India the government has established ease of doing business which leads the businessman to incorporate there companies within one/two days and process of incorporation is being short down.

Over the last few years, many steps have been taken to increase the ease of doing business in India, and foreign companies are being encouraged to have a footprint in India.

There are various ways by which the foreign entity can establish their business in india and some of them are:

• A Liaison office/ Representative Office,
• Project Office or,
• A Branch Office

Section 380 of the Companies Act,2013

Section 380 of the Companies Act, 2013 prescribes the documents, etc.., to be delivered to Registrar for registration by Foreign Companies within thirty days of the establishment of its place of business in India and the documents are mentioned below:

(a) a certified copy of the charter, statutes 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 the English language, a certified translation thereof in the English language;

(b) the full address of the registered or principal office of the company;

(c) a list of the directors and secretary of the company containing such particulars as prescribed under section 4 of the Companies Act ;

(d) the name and address or 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;

(e) the full address of the office of the company in India which is deemed to be its principal place of business in India;

(f) particulars of opening and closing of a place of business in India on earlier occasion or occasions;

(g) declaration that none of the directors of the company or the authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad; and

(h) any other information as prescribed under section 4 of the Companies Act.

Note: Where any alteration is made or occurs in the documents delivered to the Registrar under this section, the foreign company shall, within thirty days of such alteration, deliver to the Registrar for registration, a return containing the particulars of the alteration in the prescribed form.