What are requirements for establishment of place of business by foreign Companies?

A Foreign Company incorporated outside Pakistan, is required to file the following documents to the registrar concerned within 30 days from the establishment of its place of business in Pakistan (Sections 450 to 458 of the Companies Ordinance, 1984):

i. A certified copy of the charter, statute or Memorandum and Articles of the company accompanied by Form 38. The certificate is to be given by:-

(a) the public officer in the country where the company is incorporated to whose custody the original is committed, or,

(b) a notary public of the country where the company is incorporated; or,

(c) an affidavit of a responsible officer of the company in the country where the company is incorporated.The signature or seal of the person so certifying shall be authenticated by a Pakistani diplomatic consular or consulate officer.If the document is not in English, a duly certified translation in English or Urdu language will be in order as provided by Rule 23 of Companies (General Provisions and Forms) Rules, 1985.

ii. Address of registered office or principal office of the company, on Form 39;

iii. Particulars of directors, Chief Executive and secretary (if any) of the company, on Form 40;

iv. Particulars of principal officer of the company in Pakistan, on Form 41;

v. Particulars of person(s) resident in Pakistan authorized to accept service on behalf of the foreign company, on Form 42 alongwith the certified copy of the appointment order, authority letter of board of directors’ resolution and consent of the principle officer;

vi. Address of principal place of business in Pakistan of the foreign company, on Form 43 (Section 451).

vi. Permission letter from the Board of Investment with a specific validity period for opening and maintaining of a branch/liaison office by a foreign company.

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