Foreign Branch Office

Others 921 views 4 replies

Arun Kumar

Country Head

27 Points Joined March 2010

A foreign company established a branch office in Feb 2007. It has not filed Form 44. In the meantime it has changed office to Chennai in 2008. All regulatory complaince with respect to TDS and RBI have been correctly done and company is audited for the period as well.

a. What will the total penalty applicable for late filing of Form 44.

b. Is there additional penalty for nonfiling of form 49 for change of address and Form52 for statement of accounts for 2 years? If so how much would this come to.

c. Should the company employ a CA firm or can this be done by the company personnel. One CA firm approached says the paper will not move incase we apply and atleast 2 visits to Delhi is required and possibly some encouragement as well.Is this true ? Does anybody have experience in late filing of Form 44 ? Would greatly appreciate your comments and views

Arun

Replies (4)

Kumar

Legal Consultant

358 Points Joined September 2007

Dear Arun,

First you should have to obtain establishment certificate through eform 44.In the same eform 44 you can attach one explanation letter towards change of your principal place of business to Chennia.To the best of my knowledge am sure ROC Delhi is going to approve your form 44.Regarding calculation towards late filing fee in your case it comes out to be approx 1 lakhs,perhaps you can also log on to the MCA and calculate the exact fee as you are aware of the exact events.

After obtaining the establishment certficate then thereafter you can proceed with other filing such as annual return .Please revert in case you need futher help.

Thanks & Regards

Archit

Practice

27 Points Joined May 2009

Dear Mr. Arun,

In your case the fees for F- 44 is Rs. 5,000/- and additional fees will be of Rs. 45,00/-. Similarly the F- 49 can also be submitted with the additional fees. Please note that the relevant papers needs to accompany along with relevant forms.

To share with you this kind of job is generally being handled by professionals like Company Secretary.

Also, without prejudice to my professional colleagues, the visits to the delhi office or anything like that is not required unless there is lacking in paper work.

Should you require any assistance in these tasks, please feel free to connect at +91 9810056899

CS Archit Jain.

Arun Kumar

Country Head

27 Points Joined March 2010

Dear Kumar,Dear Archit

Thank you for your valuable comments. It is more of a relief to hear that it is not so difficult as I understood it to be. The only thing missing is a board resolution. Do you think ROC will accept a current dated Board resolution for filing Form 44. My HQ will never give a back dated resolution. This is my only worry.Thank you once again and will keep in touch incase I need anything. By the way are either of you located in Chennai ?

Arun