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Section 380 Of Companies Act 2013: Documents, Etc., To Be Delivered To Registrar By Foreign Companies

SECTION-380 (Documents, etc., to be delivered to Registrar by foreign companies) under CHAPTER-XXII (Companies Incorporated Outside India) of the Companies Act, 2013

(1) Every foreign company shall, within thirty days of the establishment of its place of business in India, deliver to the Registrar for registration—

(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 may be prescribed;
(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 may be prescribed.

(2) Every foreign company existing at the commencement of this Act shall, if it has not delivered to the Registrar before such commencement, the documents and particulars specified in sub-section (1) of section 592 of the Companies Act, 1956, continue to be subject to the obligation to deliver those documents and particulars in accordance with that Act.

(3) 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.







Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link

(2) Section 380 of the Companies Act 2013 was notified by MCA Notification S.O. 902(E) dated 26th March 2014 (w.e.f. 1st April 2014) - link

(3) Relevant rule(s) of the Companies 
(Registration of Foreign Companies) Rules, 2014 (w.e.f. 1st April 2014) link
  • Rule 3 - Particulars relating to directors and Secretary to be furnished to the Registrar by foreign Companies
Information to be filed by foreign company - Form FC-1
Return of alteration in the documents filed for registration by foreign company - Form FC-2

(Download the above forms from MCA site - link)

Note: Please check MCA site for any further amendments to the Companies (Registration of Foreign Companies) Rules, 2014.





This page was last updated on 30th May, 2017.

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