Saturday, September 1, 2018

Define a foreign company as envisaged under Section 378 of the Companies Act, 1994. What are the documents to be delivered to the Registrar of Joint Stock Companies by foreign companies carrying on business in Bangladesh?

When a company which is incorporated outside Bangladesh but establishes business in Bangladesh with same name and nomenclature with or without a place of business in the country, it is regarded as a foreign company in Bangladesh.

Documents to be delivered According to section 379, if foreign companies establish a place of business in Bangladesh shall, within one month of the establishment of the place of business, deliver the following to the Registrar for registration:

1. A certified copy of the charter or statutes or memorandum and articles of the company or other instrument constituting or defining the Constitution of the company; and if the instrument is not written in Bengali or English language, a certified Bengali or English translation thereof; 
2. The full address of the registered or principal office of the company;
3. A list of the directors and secretary, if any, of the company;
4. The name and address or the names and addresses of one or more Persons resident in Bangladesh, authorized to accept on behalf of the company service of process and any notice or other document required to be served on the company
5. The full address of the office of the company in Bangladesh which is to be deemed its principal place of business in Bangladesh.

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