21 July 2024
E-form FC-3 and FC-4 are both related to the filing requirements for foreign companies operating in India, as per the Companies Act, 2013. Here's a breakdown of the differences between the two forms and their respective requirements:
### E-Form FC-3
E-Form FC-3 is used for the following purposes:
1. **Annual Return:** Foreign companies operating in India are required to file an annual return using FC-3. This return provides details about the company's operations, financial performance, shareholding patterns, directors, and other key corporate information. The filing of FC-3 ensures compliance with the regulatory requirements of the Companies Act, 2013.
2. **Due Date:** The due date for filing FC-3 is within 60 days from the end of the financial year. This form must be digitally signed by a director or authorized signatory of the foreign company.
### E-Form FC-4
E-Form FC-4 serves a different purpose compared to FC-3:
1. **Financial Statements:** Foreign companies are required to file their audited financial statements along with the auditor's report using FC-4. This includes the balance sheet, profit and loss account, cash flow statement, and other financial disclosures as per Indian accounting standards.
2. **Due Date:** FC-4 must be filed within 30 days from the conclusion of the Annual General Meeting (AGM) of the foreign company. Similar to FC-3, FC-4 also requires digital signature by a director or authorized signatory.
### Requirements for Foreign Banks in India
Foreign banks operating in India as branches or wholly-owned subsidiaries are required to comply with specific reporting and disclosure requirements. Generally, these entities are also required to file FC-4 along with their audited financial statements. FC-4 ensures transparency in financial reporting and adherence to regulatory standards applicable to foreign entities operating in the Indian financial sector.
### Conclusion
In summary, while both E-Form FC-3 and FC-4 are mandatory filings for foreign companies in India, they serve different purposes. FC-3 is for the annual return filing with corporate information, while FC-4 is for submitting audited financial statements. Foreign banks operating in India typically need to file FC-4 along with their financial disclosures, ensuring compliance with Indian regulatory requirements.