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Microlesson · 5-min read

Service on Foreign Company [Sec 383] & Fees [Sec 385]

# Service of Documents on Foreign Company [Sec 383] & Fees [Sec 385]

## Section 383 — Service on Foreign Company

Any process, notice or other document required to be served on a foreign company is deemed to be sufficiently served if:

  • It is addressed to any person whose name and address have been delivered to the Registrar under Sec 380 (i.e., the authorised representative resident in India), AND
  • It is left at, or sent by post to, the address which has been so delivered to the Registrar, OR
  • It is sent by electronic mode

## Triple Mode of Service

```

┌──────────────────────────────────────────┐

│ Address: Authorised Person in India │

│ (as filed with ROC under Sec 380) │

└──────────────────────────────────────────┘

┌─────────┼─────────┐

▼ ▼ ▼

Hand-delivery Post E-mode

```

## Section 385 — Fees

A foreign company shall, in connection with the registration of the company, pay such fees to the ROC as may be prescribed.

Worked example

### Example 1

Q. A creditor wishes to serve a legal notice on Alpha Inc., a US-based foreign company having a branch in Pune. To whom should the notice be addressed?

A. To the person whose name and address have been delivered to the Registrar under Sec 380 as the authorised representative resident in India, at the address so delivered (or by e-mode).

⚠️ Common exam mistakes

  • Serving notices directly on the foreign parent abroad — service is on the authorised person in India.
  • Forgetting that e-mode (e-mail) is now expressly recognised as valid service.
  • Confusing 'registered office' (foreign country) with 'principal place of business' (India) for service purposes.
Bare-Act text Sections 383 & 385 · Companies Act, 2013 · click to expand
Section 383: 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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