The term "Foreign Company" is described in Section 2(42) of the Companies Act, 2013 as any company or body corporate incorporated outside India that– Has a place in India where the business is conducted, whether bought directly or through an agent, physically or online and is doing some kind of business activity in India. Now, a company or a body corporate incorporated outside India for non-profit purposes that has opened a branch or liaison office in India cannot be considered a foreign company because a business operation is missing. As a result, such a company cannot be classified as a foreign company.
It should, however, open branch/liaison offices in accordance with FEMA regulations. Non-profit
organizations or bodies organized outside of India may promote and register a Section 8 Company in India as a separate entity.