FC Form Filing

Hello All!
Is FC 1 filing mandatory for Foreign Subsidiary Company. If Yes, please share the format of declaration to be submitted with regard to RBI approval.

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Quick Summary
This discussion clarifies whether FC-1 filing is mandatory for foreign subsidiary companies in India. It explains that FC-1 is required for foreign companies establishing a place of business in India, as defined by the Companies Act, 2013. The consensus is that if a foreign subsidiary doesn't meet this definition, FC-1 filing may not be necessary, and it's specifically mandatory for Branch Offices (BO), Project Offices (PO), or Liaison Offices (LO).

As per 2(42) of the Companies Act, 2013,  "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.

FC-1 is to be filed by Foreign Companies within thirty days of the establishment of its place of business in India. I don't know what you mean by foreign subsidiary company, but if it doesn't come under the definition above, it is not required to file FC-1.

For details on branch office approval from RBI, please see below link,

Master Direction - Establishment of Branch Office (BO)/ Liaison Office (LO)/ Project Office (PO) or any other place of business in India by foreign entities

Indian Company Regd under Companies Act 2013 will always be Indian Domicile company disregarding 100% investment from out of India , FC 1 is mandatory in case of BO/PO/LO only ...

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