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Microlesson · 5-min read

Display of Name & Service of Documents — Sections 382 & 383

# Display of Name & Service of Documents — Sections 382 & 383

## Section 382 — Display of name etc.

Every foreign company must do three things to make its foreign-ness visible to Indian counterparties:

### (1) Display outside every office / place of business in India

Legibly, in English and in the local language(s):

  • (a) The name of the foreign company
  • (b) The country of incorporation
  • (c) The fact that the liability of members is limited (if so)

### (2) Print on stationery & official publications

The name of the company and the country of incorporation must appear in legible English characters on:

  • all business letters, billheads and letter paper
  • all notices and other official publications

### (3) Limited liability — additional disclosures

If members' liability is limited, that fact must be:

  • (a) stated in every prospectus, business letter, billhead, letter paper, notice, advertisement and other official publication in legible English characters; and
  • (b) conspicuously exhibited outside every Indian office/place of business in English and the local language(s).

## Section 383 — Service of documents

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

  • Addressed to any person whose name and address have been delivered to the Registrar under Section 380, AND
  • (a) Left at the address so delivered, OR
  • (b) Sent by post to that address, OR
  • (c) Sent by electronic mode.

### Key practical point

This is why Section 380(1)(d) requires the appointment of an India-resident authorised representative — Section 383 hinges on the existence of that filed name/address.

Worked example

### Example 1

Worked example (S. 382): Lumina LLC (Delaware, USA) opens a Bengaluru office. Outside the office it must display in English and Kannada: 'Lumina LLC — Incorporated in the United States of America — Liability of members is limited'.

### Example 2

Worked example (S. 383): A summons must be served on Lumina LLC. The plaintiff posts it to Mr. Rao, Lumina's India-resident authorised representative as filed in Form FC-1. Result: Service is valid under Section 383.

⚠️ Common exam mistakes

  • Displaying name and country only in English when the locality uses another language — both English and local languages are mandatory
  • Omitting the 'liability limited' tag from billheads/letter paper — the duty extends to all official publications, not just signboards
  • Confusing Sections 382 and 383 — display vs. service
  • Believing service must be on a director abroad; service on the filed India-resident representative is sufficient
  • Forgetting that electronic service is statutorily valid under Section 383
Reference: Sections 382 & 383 — Companies Act, 2013
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