The Section 380 Delivery
Section 380 requires a foreign company to deliver to the Registrar, among other documents, the name and address of one or more persons resident in India authorised to accept service of process, notices, and other documents on behalf of the company. The authorised representative is the company’s formal channel for legal process.
The Consequence of Default
If a foreign company fails to deliver the name and address of the authorised representative, service on any office or place of business in India is deemed sufficient. The deeming provision protects claimants but exposes the foreign company to proceedings it may not receive in a timely manner.
The Change of Representative
A change in the authorised representative must be notified to the Registrar. A company that changes its representative without updating the ROC record has an inaccurate filing, and service on the former representative may still be treated as valid.
The Practical Governance
The foreign company should appoint a representative with the authority and capacity to receive legal process, and should maintain a current record of the representative’s address and contact details. The Indian office should have a protocol for forwarding process to the parent company’s legal team.
Documentation
The file should contain: the FC-1 registration with the representative details; the board resolution appointing the representative; the consent of the representative; the change notifications; and the service log. A foreign company that cannot evidence the appointment has a service-risk gap.
Call to Action: For foreign company representative appointment, service-of-process documentation, or ROC update support, contact office@anujdesaiassociates.com or 9619456656. Website: https://anujdesaiassociates.com. LinkedIn: linkedin.com/in/ca-anuj-desai-122547230.