3. Particulars Relating to Directors and Secretary to be Furnished to the Registrar by Foreign Companies

(1) Every foreign company shall, within thirty days of establishment of its place of business in India, in addition to the particulars specified in sub-section (1) of section 380 of the Act, also deliver to the Registrar for registration, a list of directors and Secretary of such company.

(2) The list of directors and secretary or equivalent (by whatever name called) of the foreign company shall contain the following particulars, for each of the persons included in such list, namely:-

(a) personal name and surname in full;

(b) any former name or names and surname or surnames in full;

¹[(c) father’s name or mother’s name or spouse’s name;]

(d) date of birth;

(e) residential address;

(f) nationality;

(g) if the present nationality is not the nationality of origin, his nationality of origin;

(h) passport Number, date of issue and country of issue; (if a person holds more than one passport then details of all passports to be given)

(i) income-tax permanent account number (PAN) , if applicable;

(j) occupation, if any ;

(k) whether directorship in any other Indian company, (Director Identification Number (DIN), Name and Corporate Identity Number (CIN) of the company in case of holding directorship);

(l) other directorship or directorships held by him;

(m) Membership Number (for Secretary only); and

(n) e-mail ID.

(3) A foreign company shall, within a period of thirty days of the establishment of its place of business in India, file with the registrar Form FC-1 with such fee as provided in Companies (Registration Offices and Fees) Rules, 2014 and with the documents required to be delivered for registration by a foreign company in accordance with the provisions of sub-section (1) of section 380 and the application shall also be supported with an attested copy of approval from the Reserve Bank of India under Foreign Exchange Management Act or Regulations, and also from other regulators, if any, approval is required by such foreign company to establish a place of business in India or a declaration from the authorised representative of such foreign company that no such approval is required.

(4) Where any alteration is made or occurs in the document delivered to the Registrar for registration under sub-section (1) of section 380, the foreign company shall file with the Registrar, a return in Form FC-2 along with the fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 containing the particulars of the alteration, within a period of thirty days from the date on which the alteration was made or occurred.

Amendment:-

1. Substituted by the companies (Registration of foreign companies) Rules, 2014. Amendment is effecting from 23rd January, 2023.

In SUb rule (2), For clause (c), 

"(c) father’s name or mother’s name and spouse’s name;"

The following shall be substituted namely-

"(c) father’s name or mother’s name or spouse’s name;"