What is Application of Act to foreign companies? What is Documents, etc., to be delivered to Registrar by foreign companies? Section 379 and 380 of Indian Companies Act 2013
Application of Act to foreign companies and Documents, etc., to be delivered to Registrar by foreign companies are defined under Section 379 and 380 of Indian Companies Act 2013. Provisions under these Sections are:
Section 379 of Indian Companies Act 2013 "Application of Act to foreign companies"
Where not less than fifty per cent. of the paid-up share capital, whether equity or preference or partly equity and partly preference, of a foreign company is held by one or more citizens of India or by one or more companies or bodies corporate incorporated in India, or by one or more citizens of India and one or more companies or bodies corporate incorporated in India, whether singly or in the aggregate, such company shall comply with the provisions of this Chapter and such other provisions of this Act as may be prescribed with regard to the business carried on by it in India as if it were a company incorporated in India.
Section 380 of Indian Companies Act 2013 "Documents, etc., to be delivered to Registrar by foreign companies"
(1) Every foreign company shall, within thirty days of the establishment of its place of business in India, deliver to the Registrar for registration -
(a) a certified copy of the charter, 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 in the English language, a certified translation thereof in the English language;
(b) the full address of the registered or principal
office of the company; (c) a list of the directors and
secretary of the company containing such particulars
(d) the name and address or the names and addresses of one
or more persons resident in India authorised to accept on
behalf of the company service of process and any notices or
other documents required to be served on the company;
(e) the full address of the office of the company in India which is deemed to be its principal place of business in India;
(f) particulars of opening and closing of a place of business in India on earlier occasion or occasions;
(g) declaration that none of the directors of the company or the authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad; and
(h) any other information as may be prescribed.
(2) Every foreign company existing at the commencement of this Act shall, if it has not delivered to the Registrar before such commencement, the documents and particulars specified in sub-section (1) of section 592 of the Companies Act, 1956, continue to be subject to the obligation to deliver those documents and particulars in accordance with that Act.
(3) Where any alteration is made or occurs in the documents delivered to the Registrar under this section, the foreign company shall, within thirty days of such alteration, deliver to the Registrar for registration, a return containing the particulars of the alteration in the prescribed form.
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