eForm FC-3: Explanation and Requirements

Mandatory Filing: Every foreign company must prepare and file financial statements within 6 months at the end of its financial year to Delhi ROC using eForm FC-3.

Legal Basis:

• Companies Act, 2013: Section 381
• Companies (Registration of Foreign Companies) Rules, 2014: Rules 4, 5, and 6

Documents Required:

1. Financial Statements:
   • Prepared for Indian business operations following Schedule III or similar guidelines.
   • Includes annexed documents per Chapter IX provisions.
   • Copies of the latest consolidated financial statements of the parent foreign company submitted to the respective authority in the home country.
2. Attachments with Financial Statements:
   • Statement of Related Party Transactions.
   • Statement of Repatriation of Profits.
   • Statement of Transfer of Funds (including dividends if any).

Deadline:

The Form FC-3, along with the requisite documents, should be delivered to the Registrar within 6 months from the end of the foreign company’s financial year.

Audit Requirement:

Accounts pertaining to Indian business operations must be audited by a practicing Chartered Accountant in India or a firm of practicing Chartered Accountants.

List of Business Places:

Form FC-3 requires a foreign company to file a list of all its established places of business in India as of the balance sheet date.

Due Date and Fee Structure:

• Due Date for Form FC-3: Within 9 months from the close of the financial year.
• Filing Fee: ₹6000 as per Companies (Fee for filings with Registrar of Companies) Rules, 2014.

Additional Fees based on Delay Periods:

This summarizes the requirements, timelines, and fees associated with filing eForm FC-3 for foreign companies operating in India under the Companies Act and relevant Rules.