INDIAN SUBSIDIARY

“foreign company” means any company or body corporate incorporated outside India which –

(a) has a place of business in India whether by itself or through an agent, physically or through electronic mode;

and

(b)Conducts any business activity in India in any other manner.

Every foreign company shall, within thirty days of the establishment of its place of business in India, deliver to the

Registrar for registration [Section 380(1)] –

(a) a certified copy of the charter, statute 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 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 with particulars;

(d) 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 Indian on earlier occasions;

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

(h) other prescribed particulars.

In addition to above, a list of directors and Secretary of company, needs to be delivered to the Registrar (Rule 3) of

Companies (Registration of Foreign Companies) Rules, 2014.