What are the compliance requirements for foreign companies in India?

What are the compliance requirements for foreign companies in India?

Answered by

MAHESHWARI & CO.

Published At July 9, 2024

Answer

Foreign companies operating in India must comply with various regulatory requirements to ensure legal and operational smoothness. Initially, these companies must register under the Companies Act, 2013, by filing a certified copy of their charter, a list of directors and a memorandum of their registered office within 30 days of establishing a business presence. Additionally, a representative in India must be appointed to accept service of process on behalf of the company​.

Corporate governance requirements mandate having at least two directors, one of whom must be an Indian resident. Companies must hold annual general meetings (AGMs) and file annual financial statements, including audited balance sheets and profit and loss accounts, with the Registrar of Companies​​.

Financial compliance involves statutory audits and the filing of forms such as AOC-4 for financial statements and MGT-7 for annual returns. Compliance with the Foreign Exchange Management Act (FEMA) is essential, including filing an annual return on foreign liabilities and assets and reporting foreign direct investment (FDI) transactions​​.

Environmental laws, such as the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act, require adherence to reduce pollution. Labor laws, including the Maternity Benefits Act and the Industrial Disputes Act, protect worker’s rights and welfare​.

Thus, regulatory compliance foreign business India involves adhering to comprehensive requirements, ensuring transparency, environmental protection, financial integrity and worker welfare. Non-compliance can lead to severe penalties and legal consequences​.

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