Registration of Foreign Companies in India/ How to Register Foreign Company in India
FOREIGN COMPANY REGISTRATION IN INDIA
The Following is the procedure to register the foreign companies in India:
Deliver to the Registrar of Companies, Delhi and Haryana, New Delhi and also to the Registrar of Companies of the State or Union Territory in which the company has its principal place of business, [Section 597(1) and (2)] the following documents within thirty days from the establishment of the place of business.
· Form No.44 duly filled in;
· A certified true copy of the Memorandum and Articles of Association or charter or statute or any other instrument which constitutes or defines the constitution of the company;
· If the instrument mentioned above is not in English language, then give a translation of it in English language which must be certified by the following persons:-
§ If the translation is made outside India, then it shall be authenticated by the signature and seal, if any, of the official having custody of the original or of a Notary (Public) of the country where the company is incorporated;
§ If the translation is made within India, then by an advocate, attorney or pleader of any High Court or by an affidavit of some person who has an adequate knowledge of both the language in the opinion of the Registrar.
Get the form mentioned above signed by the person resident in India authorized to accept notice of service on behalf of the foreign company, limited companies cannot be accepted as authorized person.
If your company is incorporated outside India by a Royal Charter or any special Act of Parliament of that country, where it is incorporated, and then just gives a notice to the concerned Registrar of Companies for his information on its establishing a place of business in India. You need not file the form mentioned under item 1above.
Pay the filing fee of Rs.200/- either by way of receipted treasury challan or by cash only to the Registrar of Companies, Delhi and Haryana, New Delhi.
If the filing fee is paid by way of treasury challan, then pay through treasury chalan prepared in triplicate and paid into any of the specified branches of the Punjab National Bank for credit under the head,”104—Other General Economic Services—Joint Stock Companies—Registration of Joint Stock Companies”. Two copies of the treasury challan will be given back to the depositor out of which the original copy should be attached to the Form mentioned in item 1(i).
If the filing fee is paid through demand draft, then draw it in favour of the Registrar of Companies, Delhi and Haryana, New Delhi and payable at New Delhi.
Along with the documents delivered to the Registrar of Companies, Delhi and Haryana, New Delhi, attach the receipted treasury challan or the demand draft for the payment of the requisite filing fee mentioned above.