TaxTMI 
TaxTMI 
Companies (Registration of Foreign Companies) Amendment Rules, 2023
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....use's name;"; (b) in the Annexure, for the FORM FC-1, FORM FC-2, FORM FC-3 and FORM FC-4, the following shall be substituted, namely: - [F. No. Policy-01/11/2022-CL-V-MCA] MANOJ PANDEY, Jt. Secy. Note: - The principal rules, were published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 266(E), dated the 31st March, 2014 and last amended, vide number 538 (E), dated the 05th August, 2021. ============= Document 1 52 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] 1. Short title and commencement- (1) These rules may be called the Companies (Registration of Foreign Companies) Amendment Rules, 2023. (2) They shall come into force with effect from 23rd January, 2023. 2. In the Companies (Registration of Foreign Companies) Rules, 2014 (a) in sub-rule 2 of rule 3, for clause (c), the following clause shall be substituted, namely:- "(c) father's name or mother's name or spouse's name;"; (b) in the Annexure, for the FORM FC-1, FORM FC-2, FORM FC-3 and FORM FC-4, the following shall be substituted, namely: - "Form No. FC-1 Information to be filed by foreign company ....
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....ail ID of the foreign company (f) Business activities to be carried out at such other place Yes â—‹ No 5 Particulars of place(s) of business in India established on any earlier occasion(s) other than above (if any) à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 55 [à¤à¤¾à¤— II–खणà¥à¤¡ 3(i)] (a) *Number of such places (b) *Foreign Company Registration Number (FCRN) of such place (c) *Date of establishment (DD/MM/YYYY) (d) *Type of Office (Liaison office/Branch office/Project office/Other office) (d)(i) If others, specify (e) Address *Address Line 1 Address Line 2 *Country *Pin code *Area/ Locality *City District *State/ UT *Telephone Number (with STD/ISD code) Fax Number (with STD/ISD code) *Email ID (f) *Date of closure of such place of business (DD/MM/YYYY) (g) Business activities to be carried out at such place 6 Details of the one or more person(s) resident in India and authorised to accept on behalf of the foreign company service of process and any notices or other docu....
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....F INDIA: EXTRAORDINARY [PART II SEC. 3(i)] Max 2 MB Choose File Remove Download Max 2 MB Choose File Remove Download 9 *Whether the person authorised has been appointed through power of attorney or by passing the resolution Power of Attorney â—‹ Special Resolution 10 Details of Directors and Secretary of the Foreign Company *Number of Directors and Secretary 11 Particulars of the director and secretary (a) *Designation Secretary (b) *Do you have Director Identification Number (DIN)? (c) If Yes, please enter the DIN details (d) Do you want to fetch the details from Digilocker? Director Yes Ο Îο Fetch from Digilocker (e) *First Name (f) Middle Name (g) *Last Name (h) Any former name or names and surname or surnames in full (i) *Please provide one (j) *First Name О Father's Name Mother's Name Spouse's Name (k) Middle Name (1) *Last Name (m) *Date of Birth (DD/MM/YYYY) (n) *Nationality (o) If the present nationality is not the nationality of origin, then specify the nationality of origin (p) *Occupation type (Business/Professional/Serviceman/Housew....
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....¤¾à¤œà¤ªà¤¤à¥à¤° : असाधारण 17 Details of subsidiary, holding or associate companies in India of the foreign company or of any subsidiary or holding company of such foreign company or of any firm in India in which such foreign company or its holding or subsidiary company is a partner (a) *Number of such entities Particulars of such entities CIN/FCRN/LLPIN/Other registration number Name of such entity Whether the entity is (Subsidiary of the foreign company/ Holding of the foreign company/Associate of the foreign company/Subsidiary of any subsidiary/holding company of such foreign company/holding of any subsidiary/holding company of such foreign company/associate of any subsidiary/holding company of such foreign company/Firm in India in which such foreign company or its holding or subsidiary company is a partner) 61 18 Details of the persons, firms or companies in India which shall be deemed to be the `related party', within the meaning of clause 76 of section 2 of the Act or Indian Accounting Standard 18, of the foreign company or of any subsidiary or holding comp....
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....ea/ Locality *City District *State/UT *Telephone Number (with STD/ISD code) Fax Number (with STD/ISD code) *Email ID 23 *Whether present residential address same as permanent residential address â—‹ Yes No (a) Present Address *Address Line 1 Address Line 2 *Country *Pin code/Zip Code *Area/Locality *City District *State/UT *Telephone Number (with STD/ISD code) Fax Number (with STD/ISD code) (b) Identity Proof (Voters Identity Card/Passport/Driving License/Aadhaar) (c) Identity Proof No. (d) Residential Proof (Voters Identity Card/ Passport/Driving License/Aadhaar) (e) Residential Proof No. (f) Submit the proof of identity and proof of address (f)(i) Proof of identity (f)(ii) Residential proof Max 2 MB Choose File Remove Download Max 2 MB Choose File Remove Download 64 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] 24 Details of Companies / Body Corporate (a) *CIN/LLPIN/Other Registration Number (b) *Name of the company/body corporate *Address Line 1 Address Line 2 *Country *Pin code /Zip Code *Area/Locality *City Distric....
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....omplied with. It is further declared and verified that: 1. Whatever is stated in this form and in the attachments thereto is true, correct and complete and no information material to the subject matter of this form has been suppressed or concealed and is as per the original records maintained by the promoters subscribing to the Memorandum of Association and Articles of Association. 2. None of the directors or the authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad. 3. All the required attachments have been completely, correctly and legibly attached to this Form. *To be digitally signed by: * Name of authorised representative *Income Tax PAN of the Authorised representative DSC Box Save Submit 66 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] Note: Attention is drawn to provisions of Section 448 and 449 of the Companies Act, 2013 which provide for punishment for false statement/certificate and punishment for false evidence respectively. For office use only: eForm Service request number (SRN) eForm filing date (DD/MM/YYYY) Digi....
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....on (a) Address of new registered or principal office of the company in the country of incorporation Address Line 1 Address Line 2 Country Pin code/Zip Code Area/ Locality City No 67 68 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] District State/UT Telephone Number (with STD/ISD code) Fax Number (with STD/ISD code) Email ID of the foreign company (b) Date of alteration (DD/MM/YYYY) (c) Brief description of the alteration 5 Part C: Alteration in the place of business in India of the company (a) Number of Alterations 6 Details with respect to each alteration (a) Type of alteration (Change in address in India/Closure of places of business in India/Intimation of new place of business in India/ Change in type of office/Change in type of business activity) (b) Whether the alteration is in respect of (Principal place of business/Other place(s) of business) (c) Place of business for which alteration has to be made (d) Effective date of alteration (DD/MM/YYYY) (e) Brief description of the alteration 7 Change in address in India Address Line 1 Address Line 2 Country Pin code/Zip....
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....EC. 3(i)] Unlimited Date of cessation of office (DD/MM/YYYY) Director О Yes O Fetch from digilocker No Father's Name O Mother's Name Spouse's Name [à¤à¤¾à¤— II–खणà¥à¤¡ 3 (i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 71 (i) First Name (j) Middle Name (k) Last Name (1) Date of Birth (DD/MM/YYYY) (m) Nationality (n) If the present nationality is not the nationality of origin, then specify the nationality of origin (0) Occupation Type (Business/Professional/Serviceman/Housewife/Student/Others) (o)(i) Area of Occupation (o)(ii) If 'Others' selected, please specify (p) Income tax Permanent Account number (Income-tax PAN) (q) Membership number (In case of Secretary) (r) Number of passports (s) Passport Number (t) Date of issue (DD/MM/YYYY) (u) Issue Country (v) Date of appointment (DD/MM/YYYY) 15 Permanent Address Address Line 1 Address Line 2 Country Pin code /Zip Code Area/Locality City District Verify PAN ☑ 72 State/ UT ....
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.... enter the DIN details 22 Do you want to update permanent address? Yes No Address Line 1 Address Line 2 Country 74 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] Pin code /Zip Code Area/Locality City District State/UT Telephone Number (with STD/ISD code) Fax Number (with STD/ISD code) Email ID 23 Do you want to update present address and contact details? Yes 24 Whether present residential address same as permanent residential address â—‹ Yes No Address Line 1 Address Line 2 Country Pin code/Zip Code Area/ Locality City District State/ UT Telephone Number (with STD/ISD code) Fax Number (with STD/ISD code) Email ID 25 Do you want to add more passport details? No (a) Number of passports (b) Passport Number (c) Date of issue (DD/MM/YYYY) (d) Issue Country Yes â—‹ 26 Particulars of the authorised representative appointed to accept service of documents on behalf of company (a) Effective date of appointment (DD/MM/YYYY) No [à¤à¤¾à¤— II–खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का रà¤....
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....ther the person authorised has been appointed through power of attorney or by passing the resolution Power of attorney О 30 Part F: Others (a) Date of alteration (DD/MM/YYYY) (b) Brief description of the alteration (c) Type of resolution Applicable Special Resolution Attachments (a) *Certified true copy of the Board resolution, if any О Ordinary O Special O Not Max 2 MB Choose File Remove Download (b) *Certified true copy of the general meeting resolution Max 2 MB Choose File Remove Download (c) Copy of approval letter (it is mandatory if any approval is required for such alteration). Max 2 MB Choose File Remove Download (d) Translated version of the documents in English (in case documents attached are not in English). Max 2 MB Choose File Remove Download (e) Copy of intimation filed with RBI (f) Audited financials till date of closure and detail of authorised representatives appointed and ceased since establishment till the date of closure in tabular form with challan numbers (g) Optional Attachment(s), if any Declaration I * Max 2 MB Choose Fil....
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....CRN) (b) *Name of the Company (c) *Address of the registered or principal place of foreign company (d) *Email id of the Company (e) *Description of the business activities carried out at the principal place 2 List of all places of business in India as on the balance sheet date (a) *No. of place(s) of business in India as on the balance sheet date *Date of establishment (DD/MM/YYYY) *Specify the type of office (Liaison office/Branch office/Project office/other office) *Address of places of business in India 3 Period of Annual Accounts (a) *From (DD/MM/YYYY) (b) *To (DD/MM/YYYY) (c) *Date of Signing of report on the annual accounts by the auditors (DD/MM/YYYY) 79 80 THE GAZETTE OF INDIA: EXTRAORDINARY 4 Particulars of the Annual Accounts of the Company Part-A Balance Sheet Particulars I Sources of fund (a) *Capital (including funds received from parent company) (b) *Reserves and Surplus *Secured loans (d) *Unsecured Loans (e) *Deferred tax liabilities (Net) (f) Others 1 (Please specify) (g) Others 2 (Please Specify) (h) Total II IIA Application of Funds Non-Cu....
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.... (2)(b) Max 2 MB Choose File Remove Download Max 2 MB Choose File Remove Download (e) Statement of transfer of funds as per rule 4 (2)(c) (f) Optional Attachment(s)- if any Max 2 MB Choose File Remove Download Declaration Max 2 MB Choose File Remove Download 82 I * THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] the authorised representative of the company hereby certify that I am authorised by the Board of Directors of the Company vide resolution no.* dated (DD/MM/Y to sign this form and declare that all the requirements of Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. It is further declared and verified that: 1. Whatever is stated in this form and in the attachments thereto is true, correct and complete and no information material to the subject matter of this form has been suppressed or concealed and is as per the original records maintained by the promoters subscribing to the Memorandum of Association and Articles of Association. 2. All the required attachments have been ....
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....of such foreign company or of any firm in India in which such foreign company or its holding or subsidiary company is a partner: (a) Number of such entities Particulars of such entities S No CIN/FCRN/LLPIN/Other Registration Number Name of such company or firm 6 Summary of share capital, debentures and other securities (a)(i) *Authorised share capital Class of shares Whether the company is (Subsidiary of the foreign company/Holding of the foreign company/Associate of the foreign company/Subsidiary of any subsidiary/holding company of such foreign company/Holding of any subsidiary/holding company of such foreign company/Associate of any subsidiary/holding company of such foreign company) (a)(ii) *number of shares (in INR) divided into Number of shares Nominal value (in Rs) 7 Particulars of authorised Indian Depository Receipts (a) Total number of IDRS [à¤à¤¾à¤— II–खणà¥à¤¡ 3 (i)] (b) Nominal value per IDR (c) Total amount of IDRS 8 Subscribed share capital Number of shares each class taken Number of shares à¤à¤¾à¤°à¤¤ कà¤....
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....tively since the date up to which the last return was made (a) Issued (in INR) (b) Surrendered (in INR) 22 The shareholding pattern of the company Shares held at the beginning Shares held at the S No Category of shareholders of the year end of the year Percentage (%) change in the shareholding *Government (Central and State) (b) *Government Companies *Public financial institutions (d) *Nationalized or other bank(s) (e) *Mutual Funds (f) *Venture Capital *Foreign holdings (Foreign Institutional Investors, Foreign companies, Non-resident Indians, Foreign financial institutions or Overseas corporate bodies) (h) *Bodies Corporate (not mentioned above) (i) *Directors or relatives of directors (j) *Other top fifty shareholders (other than mentioned above) (k) *Others (1) Total (m) Total number of shareholders 23 (a) Total amount of debentures and other securities outstanding (in INR) 87 88 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] (b)(i) Number of debentures (b)(ii) Nominal value per debenture (in INR) (b)(iii) ....
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....s (a) Present address Oes â—‹ No 90 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] Address Line 1 Address Line 2 Country Pin code/Zip Code Area/Locality(g) City District State/UT Telephone number (with STD/ISD code) Fax Number (with STD/ISD code) (b) Identity Proof (Voters Identity Card/ Passport/Driving License/Aadhaar) (c) Identity Proof No. (d) Residential Proof (Voters Identity Card/Passport/Driving License/Aadhaar) (e) Residential Proof No. (f) Submit the proof of identity and proof of address (f)(i) Proof of identity Max 2 MB Choose File Remove Download (f)(ii) Residential proof Max 2 MB Choose File Remove Download 30 Details of Companies / Body Corporate (a) CIN/LLPIN/Other Registration Number (b) Name of the company/body corporate (c) Address of body corporate Address Line 1 Address Line 2 Country Pin code/Zip Code Area/ Locality City District [à¤à¤¾à¤— II–खणà¥à¤¡ 3 (i)] State/UT à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाà¤....