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Annual Filing Of Foreign Company

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About Annual Filing Of Foreign Company

As Per Section 2 (42)

Foreign company is a company or body corporate incorporated outside India which

(a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and

(b) conduct any business activity in India in any other manner

Simple definition give understanding that even a company incorporated outside India, has simple electronic present, which may be used for business in India is a foreign company

Documents Required

Details of Promoters, Directors and Key managerial personnel and changes therein since close of previous financial year. (Mandatory)

Details of directors and key managerial personnel and their remuneration. (Mandatory)

Details of the meeting of the members or class thereof, board and its various committees along with attendance details. (Mandatory).

Particulars of members and debenture holders along with changes therein since the close of previous financial year. (Mandatory).

Particulars of Holding, subsidiary and associate companies and firms. (Mandatory in case number of entities prescribed at serial no 6 is more than seven)

Particulars of Holding, subsidiary and associate companies and firms. (Mandatory in case number of entities prescribed at serial no 6 is more than seven)

Any other information can be provided as an optional attachment(s).

Annual Complaince


Section 381 of the Companies Act, 2013 and Rule 4, 5 and 6 of Companies (Registration of Foreign Companies) Rules, 2014.

Every foreign company shall, in every calendar year, Make out a balance sheet and profit and loss account. Copy of balance sheet and P&L account should be filed with ROC along with English translation and list of place of business established by the foreign company in India- Section 381(1) in form FC-3.

As per Rule 4(1) every foreign company shall prepare financial statement of its Indian business operations in accordance with Schedule III.

These should be submitted with consolidated financial statement of foreign Company.

If such documents are not in English language, there shall be annexed to it a certified translation thereof in the English language.

Statement of Related party transaction.

Statement of Repatriation of profits.

Statement of transfer of funds (including dividends if any) which shall, in relation of any fund transfer between place of business of foreign company in India and any other related party of the foreign company outside India including its holding, subsidiary and associate company.

Audit of Financial Statement

Audit of Accounts of Foreign Company shall be conducted by practicing Chartered Accountant (CA) or firm of Chartered Accountant- Rule-5 of Companies (Registration of Foreign Companies) Rules, 204.

Annual Return By Foreign Company

Annual return shall be submitted within 60 days of close of financial year in form FC-4 with fees. Rules- 7 of Companies(Registration of Foreign Companies) Rules 2014.

Frequently Asked Questions

Company whether Indian or foreign is liable to taxation, under the Income Tax Act,1961 . Corporation tax is a tax which is levied on the incomes of registered companies and corporations. A Company means:- Any Indian company or any corporate body, incorporated by or under the laws of a country outside India

An annualized total return is the geometric average amount of money earned by an investment each year over a given time period. It is calculated as a geometric average to show what an investor would earn over a period of time if the annual return was compounded.

If the company’s accounts are not audited before the due date of submission , i.e. July 15, then the FLA Return should be submitted based on unaudited (provisional) account . Once the accounts gets audited and there are revisions from the provisional information submitted by the company, they are supposed to submit the revised FLA return based on audited accounts by end - September.

No. Information should be reported for all the reference period, i.e. Previous March and Latest March. If Account Closing Period of the company is different from the reference period, then information should be given for the reference period on internal assessment.

The annual return on Foreign Liabilities and Assets (FLA) is required to be submitted directly by all the Indian companies which have received FDI (foreign direct investment) and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year i.e. who holds foreign Assets or Liabilities in their Balance Sheets.

If the Indian company does not have any outstanding investment in respect of inward and outward FDI as on end-March of reporting year, the company need not submit the FLA Return.


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