Sections 382 and 383 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 382 tells a foreign company how it must show its name and country of incorporation in India, on its premises and on its paper. Section 383 says how a legal process or notice can validly be served on it: by addressing it to a person whose name and address were delivered to the Registrar under section 380.
A foreign company must exhibit its name and country of incorporation outside every office or place of business in India, in English letters and in the script of the local language. The same particulars must appear on business letters, bill-heads, letter paper, notices and official publications. If members' liability is limited, that fact must also be stated and displayed. Under section 383, service on the India-resident person named to the Registrar (by post, at the delivered address, or by electronic mode) is sufficient service. A breach is punishable under section 392.
Section 382: what the company must display
Section 382 has three limbs.
| Limb | Requirement |
|---|---|
| (a) Premises | Conspicuously exhibit, outside every office or place where it carries on business in India, the company's name and the country of incorporation, in letters easily legible in English characters and in the characters of the language, or one of the languages, in general use in the locality |
| (b) Paper | State the name and country of incorporation in legible English characters in all business letters, bill-heads and letter paper, and in all notices and other official publications |
| (c) Limited liability | If the liability of members is limited, state that fact in every prospectus and in all business letters, bill-heads, letter paper, notices, advertisements and other official publications (in legible English characters), and exhibit it conspicuously outside every office or place of business, in English and in the local-language characters |
Some practical points follow from the wording:
- The local-language requirement applies to premises, not to paper. On letters and bill-heads, English characters are enough.
- "Every office or place where it carries on business in India" means each location, so a branch with three offices needs three displays.
- Clause (c) applies only where the liability of members is limited. A company whose foreign law gives unlimited liability does not need to state limited liability, but it must still comply with clauses (a) and (b).
- Section 386(c) says a "place of business" includes a share transfer or registration office, so that office needs the display as well.
For how a foreign company first sets up, see establishment of a branch office of a foreign company.
If your group's Indian branch is being set up and you want the signage, stationery and filings checked together, our foreign company filing team can assist.
Section 383: service on a foreign company
Section 383 provides that any process, notice or other 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
- it is left at, or sent by post to, the address so delivered to the Registrar, or by electronic mode.
Section 380(1)(d) requires the foreign company to deliver the name and address of one or more persons resident in India authorised to accept service on its behalf. Section 383 turns that delivery into a rule of convenience for the outsider. A creditor, regulator or litigant does not have to chase the head office abroad. It can rely on the particulars on the Registrar's record.
The consequence for the company is plain: if the person named has left, or the address has changed, and no return of alteration has been filed under section 380(3), a notice sent to the old particulars is still treated as validly served. The company carries that risk. Keep the authorised person's details current and file the alteration within thirty days of the change. See documents a foreign company must deliver: section 380.
Worked examples
Signage. A company incorporated in Singapore with limited liability opens a branch in Bengaluru. Outside the office it must show its name and "Singapore" in English letters and in Kannada characters, and also show that its members' liability is limited, again in both. On invoices and letterheads the name, country and the limited-liability statement appear in English.
Service. A notice is sent to the India-resident agent named in the company's filing, at the address delivered to the Registrar. The agent resigned two months ago and no alteration was filed. Under section 383 the company is deemed served.
Consequences of default
Both sections are in Chapter XXII, so section 392 applies. The company is punishable with a fine of not less than one lakh rupees up to three lakh rupees, with an additional fine that may extend to fifty thousand rupees per day after the first for a continuing contravention. Each officer in default is punishable with a fine of not less than twenty-five thousand rupees up to five lakh rupees. See sections 392 and 393.
Need help with foreign company compliance in India?
A foreign company's obligations start with name display and a reliable agent for service. If your India office has not yet reviewed its signage, stationery and delivered particulars, our foreign company filing team can walk through the checklist with you.
Key takeaways
- Show name and country of incorporation outside every Indian office, in English and the local language script.
- Put the same particulars on letters, bill-heads, notices and publications, in English characters.
- If liability is limited, say so on paper, in prospectuses and on the premises.
- Service on the person named under section 380 at the delivered address (post or electronic mode) is deemed sufficient.
- Keep the authorised person's details current, because the old particulars still bind you until altered.
- Breach attracts the section 392 fine.
Read next
- Accounts of a foreign company: section 381
- Debentures, annual return and charges of a foreign company: sections 384 and 385
- Foreign company registration in India: complete guide
- FC-1: foreign company registration guide
Disclaimer: Based on the Companies Act, 2013 as amended up to 1 April 2021 (official consolidated text), read with later developments noted in the article; proposals in the Corporate Laws (Amendment) Bill, 2026 are pending and not law as on 30 September 2026. Verify current notifications and rules before acting.