Applicable Act/Rules: Companies Act, 2013 | Companies (Registration of Foreign Companies) Rules, 2014 | Companies (Incorporation) Rules, 2014
The Ministry of Corporate Affairs has provided Frequently Asked Questions and clarifications relating to registration and compliance requirements for foreign companies, foreign subsidiaries and foreign companies having a place of business in India.
The FAQs cover filing requirements for Forms FC-1, FC-2, FC-3, FC-4 and CSR-2; permissible activities and validity periods for Liaison Offices, Project Offices and Branch Offices; name reservation requirements under Rules 8 and 8A of the Companies (Incorporation) Rules, 2014; documentation, notarization, apostille and consularization requirements; sectoral and regulatory approvals; resident authorised representatives; FDI-related requirements; and the treatment of Indian subsidiaries of foreign entities. The clarifications also state that a foreign company’s Indian subsidiary is an Indian company and that a Branch Office is not a separate legal entity from the foreign company.
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