Section 380 of the Companies Act, 2013
Section 380 of the Companies Act, 2013 relates to “Documents, etc., to be delivered to Registrar by foreign companies.”
📝 Summary of Section 380:
This section lays down the documentation requirements that a foreign company (i.e., a company incorporated outside India but having a place of business in India) must comply with after establishing a business presence in India.
📌 Key Requirements under Section 380(1):
Every foreign company, within 30 days of establishing its place of business in India, must deliver the following documents to the Registrar of Companies (RoC):
Charter, statutes, or memorandum and articles (or equivalent documents) of the company — duly certified.
Address of the registered or principal office of the foreign company.
List of directors and secretary, with prescribed particulars.
Name(s) and address(es) of one or more persons resident in India, authorized to:
Accept service of notices/documents on behalf of the company.
Full address of the office in India which is deemed to be its principal place of business in India.
Details of opening and closing of place of business in India, if any.
Declaration that none of the directors or authorized representatives have been convicted or debarred under company laws in India or abroad.
Any other prescribed information.
📑 Section 380(2):
If any changes occur in the documents submitted under subsection (1), the foreign company must inform the RoC by filing the updated documents within 30 days of such change.
🧾 Relevant Rules:
These provisions are supplemented by Rule 3 of the Companies (Registration of Foreign Companies) Rules, 2014.
⚖️ Objective:
To ensure that foreign companies operating in India are subject to regulatory oversight, and that the Indian authorities have complete and accurate information about their business structure and operations in India.
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