FC – 4

Annual Return by a Foreign Company

FC-4

What is a Foreign Company?

Section 2(42) of the Companies Act, 2013 defines a Foreign Company as follows:

“foreign company” means any 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) conducts any business activity in India in any other manner.

Annual Return by a Foreign company:

Every Foreign Company should prepare and file Annual Return in Form FC – 4 with the Registrar within a period of sixty days from the last day of its financial year.

Applicable Section/Rules:

Information to be provided in Annual Return:

  • Name and address of the Foreign Company
  • Principal business activities of the company
  • Date of Balance Sheet
  • Whether any part of the Register of Members/Debenture holders is kept in India
  • Details of holding/subsidiary/associate companies in India of Foreign company/its holding and subsidiary company or any firm in which holding/subsidiary or foreign company is a partner
  • Summary of share capital, debentures and other securities
  • Indebtness of the company for which charge has been created

Attachments:

  • Details of Promoters, Directors, Key Management Personnel and changes since close of previous financial year
  • Details of Directors and Key Management Personnel and their remuneration
  • Details of members meeting or class thereof, board and various committees along with attendance
  • Particulars of members/debenture holders along with changes therein since the close of previous financial year
  • Particulars of holding, subsidiary and associate companies and firms
  • Details of penalties, punishment, compounding of offences, if any

Penalty:

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