1. Section 379(2) Application to act in Foreign Company
Where not less than 50% of the paid up share capital, whether equity or preference shares of a Foreign Company is held by-
a. one or more citizen of India, or
b. one or more companies or bodies corporate incorporated in India,
c. one or more citizens of India and one or more companies or bodies corporate incorporated in India, whether singly or in aggregate,
such company shall comply with the provision of this Act as may be prescribed with respect of business carried on by it in India as if it were a Company incorporated in India.
2. Section 380(1) Documents required to be delivered to ROC by such foreign Company
1. CTC of the charter, memorandum and Articles, Status of the Company or other instruments, if such are not in English language then, certified translation thereof in the English language.
2. The full particulars of the registered principal office of the company.
3. List of Directors or Secretary, if any of the Company.
4. The name and address or the name and addresses of one or more person resident in India authorized to accept on behalf of the company any notice or other documents required to be served on the Company.
5. Particulars of Addresses of the office of the company in India which deemed to be its principal place of business in India.
6. Particular of Opening and closing of a place of business in India.
7. A declaration that none of the directors of the Company or Authorized representative in India has ever been convicted or debarred from formation of companies and management in India and such other particulars.
3. Section 381 Accounts of Foreign Company
Every foreign company shall, in every calendar year-
a. make financial statements in such form, containing such particulars and including or having annexed or attached there to the following documents-
1. Accounts of the Company;
2. Copies of CFS of the foreign company
3. Particulars of related parties’ transaction.
4. Statement of transfer of funds
And the copies of the same shall be deliver to the ROC.
Every foreign company shall send to the Registrar along with the documents required to be delivered to him under sub-section (1), a copy of a list, in the form FC.3, of all places of business established
4. Display of Name etc of the Foreign Company Section 382
Every foreign Company exhibit on the outside of every office or place where it carries on business in India and Country in which it is incorporated, in letters easily legible in English Language and also in the characters of the language or one of the language in general use in the locality in which the office or place is situated.
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