FC – 1


Information to be filed by foreign company

  • eForm FC-1 is required to be filed pursuant to Section 380(1) (a) to (h) and Rule 3(3) of the Companies (Registration of Foreign Companies) Rules, 2014
  • A foreign company shall file the particulars of the principal place of business in eform FC-1 within 30 days of establishment of place of business in India alongwith the required documents to RoC, Delhi. The Registrar of the corresponding state shall have access to these documents filed with the RoC, Delhi.
  • Stamp duty on eForm FC-1 can be paid electronically through the MCA portal.
  • Payment of stamp duty electronically through MCA portal is mandatory in respect of the states which have authorized the Central Government to collect stamp duty on their behalf.
  • Now eStamp duty payment is to be done online through MCA portal for all the states.
  • Refund of stamp duty, if any, will be processed by the respective state/ union territory government in accordance with the rules and procedures as per the state/ union territory Stamp Act.
  • User is required to enter the ISO code of the country where the foreign company is registered. System shall prefill the name of the country based on ISO code.
  • Enter the full & complete address of the registered office or principal office of the foreign company situated outside India.
  • Enter the date of establishment of principal place of business in India and select the type of office from the drop down values and describe the type of office in case others is selected by the user.
  • Enter the main division of business activity to be carried out in India as per National Industrial Classification (NIC)-2004. The main division should be selected based on relevant sub-class and description applicable to the company given in NIC-2004.
  • Enter the details of the other places of business in India and also give particulars of places established on earlier occasions in India even if the same is closed other than above. It is mandatory to enter the date of closure of such place of business and also FCRN of such office.
  • Maximum seven of such offices can be entered. If more than seven then details can be given in necessary attachment(s).
  • Enter the number of persons authorized in India on behalf of the company. Based on the number entered, blocks for entering particulars of persons authorized shall be displayed.
  • Details of maximum seven person authorized(s) can be filed through this eForm. If the total number is more than seven, then details of remaining person(s) can be provided as an optional attachment.
  • Enter the particulars of person authorized(s). Select whether the person authorized has been appointed through power of attorney or by passing the resolution.
  • Enter the number of person who holds the company’s not less than fifty percent paid up share capital (singly or in aggregate) as per section 379 of the Act.
  • Enter the particulars of such persons and system shall generate blocks up to seven. If more than seven persons are to be mentioned then attach the information in attachment no 5.
  • System shall automatically display the state or union territory for which stamp duty is to be paid on eForm FC-1 based on the state wise stamp rules. Amount of stamp duty is Rs 100.00 in case of Delhi and Rs 50.00 in case of other states. The state wise stamp rules are also available on MCA website.

Declaration:

  • Enter the full name of the authorised representative of the foreign company.
  • Enter serial number and date of board resolution where such person has been authorised to sign, give declaration and submit the eForm.

Attachments:

  • Certified copy of the charter, statutes, or memorandum and articles of the company or other instrument constituting or defining the constitution of the company (Mandatory).
  • List of directors and secretary of the foreign company (Mandatory).
  • Power of attorney or board resolution in favor of the authorized representative(s) (Mandatory).
  • Reserve bank of India approval letter (It is mandatory to attach attested copy of such approval).
  • Copy of permission letter of other Authority(s)/Regulator(s), if any is required to be attached
  • It is mandatory to attach following in case number entered is more than seven of respective field:
  • Particulars of the persons covered u/s 379
  • Details of the places of business other than principal place of business in India
  • Details of the places of business established at any earlier occasion(s)
  • Particulars of the authorized representatives
  • Interest of authorized person(s) in other entities
  • Particulars of subsidiary, holding or associate companies of the foreign company in India
  • Particulars of related party of the foreign company

A system generated Certificate for establishment of place of business in India is issued by Registrar and sent to the user as an attachment to the email and Foreign Company Registration Number (FCRN) is generated consequent upon approval of eForm.

Fees:

Rupees 6,000

Please note: I welcome your comments and feedback. This blog post is not a professional advice. Readers may share this post on social media by using buttons given here.

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4 responses to “FC – 1

  1. Pingback: Index of Companies Law Posts | AishMGhrana

  2. Sir,i have a doubt.I want to know if foreign company already having principal place of business as branch office wants to set up new branch in India, then which form to be filed on MCA portal and which documents are required for the same

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  3. Sir, i have a doubt. Please clarify it.
    In FC1 we need to give details of directors.
    That means directors of company outside india?
    My doubt actually is does a foreign company has a board established in india or board will be outside india?
    Iam just learning and got a doubt. Please clarify my doubt.

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  4. Pingback: Establishing Foreign Company | AishMGhrana

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