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Companies Act / Foreign Companies

355. Foreign Company (Section 379): Registration and Annual Filing (Form FC-3/FC-4)

A foreign company with a place of business in India must register within thirty days through FC-1 and file FC-3 and FC-4 annually. The registration obligation is triggered by the place of business, not by incorporation in India.

29 Oct 20262 min read

The Registration Trigger

A foreign company that establishes a place of business in India—a branch office, liaison office, or project office—must register with the Registrar within thirty days by filing Form FC-1. The registration package includes the constitutional documents, the details of the Indian representative, and the prescribed fee. The place of business is the trigger, not the volume of activity.

The FC-3 Annual Accounts

A registered foreign company must file Form FC-3, containing its annual accounts and the list of places of business in India, within six months of the end of the financial year, extendable by up to three months. The accounts must be prepared in the prescribed manner and, where applicable, audited.

The FC-4 Annual Return

Form FC-4 is the annual return of the foreign company, containing the particulars of its Indian business, directors, and principal officers. The FC-4 is filed annually along with FC-3.

The Compliance Calendar

The foreign company should maintain a compliance calendar with the FC-3 and FC-4 due dates, the accounting year-end, and the extension application timeline. A company that misses the FC-3 deadline faces additional fees and potential penalty.

Documentation

The file should contain: the FC-1 registration; the constitutional documents; the Indian representative appointment; the FC-3 and FC-4 filings; the audited accounts; and the board resolution of the foreign parent authorising the Indian business. A foreign company that has the FC-1 but not the annual filings has an incomplete compliance record.

Call to Action: For foreign company registration, FC-3/FC-4 filing, or Indian place-of-business compliance, contact office@anujdesaiassociates.com or 9619456656. Website: https://anujdesaiassociates.com. LinkedIn: linkedin.com/in/ca-anuj-desai-122547230.

Compliance Guideforeign company registrationsection 379 foreign companyFC-1 registrationFC-3 annual accountsFC-4 annual returnforeign company Indiaforeign branch registrationliaison office registrationproject office registrationforeign company complianceforeign company annual filingforeign company penaltyforeign company legal opinionforeign company checklistAnuj Desai Associates foreign company advisory
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