## Section 383 – Service of Documents on a Foreign Company

A foreign company carries on business through Indian representatives and offices; the Act provides a simple, deemed-service route so that creditors, regulators and courts can serve documents effectively.

### Rule

Any document/notice that has to be served on a foreign company shall be deemed to be sufficiently served if it is addressed to:

1. Any person whose name and address have been delivered to the Registrar (i.e., the authorised Indian representative under Section 380), OR

2. Left at, or sent by post to, the address of its place of business in India that has been delivered to the Registrar.

### Effect

Once served on the named representative or at the registered place of business in India, the foreign company is deemed to have received the notice — it cannot later plead non-receipt.

### Practical importance

This enables Indian courts and the Registrar to issue summons, statutory demands, and prosecutions against a foreign company without having to chase its overseas head office.

Worked example

### Example 1

Q. ABC Inc., incorporated in the USA, has nominated Mr. P (resident of Mumbai) as the person on whom documents may be served. The Registrar issues a show-cause notice and posts it to Mr. P's Mumbai address; ABC Inc. later claims it never received it. Is service valid?

A. Yes. Under Section 383, service on the person whose name has been delivered to the Registrar is deemed to be service on the foreign company. ABC Inc. cannot escape liability on the ground of non-receipt.

⚠️ Common exam mistakes

Confusing Section 383 (service of documents) with Section 380 (delivery of particulars at the time of establishing a place of business).
Assuming the document must be served at the registered office abroad — service in India on the authorised person is sufficient.

Bare-Act text Section 383 · Companies Act, 2013 · click to expand

Any process, notice, or other document required to be served on a foreign company shall be deemed to be sufficiently served, if addressed to any person whose name and address have been delivered to the Registrar under section 380 and left at, or sent by post to, the address which has been so delivered to the Registrar or by electronic mode.

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Section 383 – Service of Notice on a Foreign Company

Worked example

⚠️ Common exam mistakes