A 'foreign company' is an entity which is incorporated outside India, but has a place of business in India or conducts any business activity in India in any manner. The accurate definition of foreign company is given under the Companies Act, 2013 though the concept of 'foreign company' was existent in the older act as well.
AS PER SECTION 2(42) OF COMPANIES ACT 2013 READ WITH COMPANIES INCORPORATION RULE, 2014; A foreign company is any company or body corporate incorporated outside India which;
The Companies (Specification of Definitions Details) Rules, 2014 defines the term 'electronic mode' in the context of a foreign company under Rule 2(h). The same is also defined under Rule 2 (1)(c) of Companies (Registration of Foreign Companies) Rules, 2014.
The definition of electronic mode states activities carrying out electronically, whether main server is installed in India or not, including but not limited to
Every Foreign company is required to submit these documents to the Registrar for registration, within 30 days of the establishment of its place of business in India
Rule 3(3) of the Companies (Registration of Foreign Companies) Rules, 2014 requires application in Form FC-1 to be supported with an attested copy of approval from the Reserve Bank of India under Foreign Exchange Management Act and the rules and regulations thereunder or a declaration from the authorised representative of such Foreign Company that no such approval is required.
And Rule 3(4) provides that in case of any alteration in the aforesaid documents the Foreign Company is require to submit a return in Form FC-2 containing the particulars of alteration as per the prescribed format with the Registrar of Companies, within 30 days of any such alteration.