What is Application of sections 34 to 36 and Chapter XX What is Punishment for contravention Section 391 and 392 of Indian Companies Act 2013

(1) The provisions of sections 34 to 36 (both inclusive) shall apply to -

(i) the issue of a prospectus by a company incorporated outside India under section 389 as they apply to prospectus issued by an Indian company;

(ii) the issue of Indian Depository Receipts by a foreign company.

(2) The provisions of Chapter XX shall apply mutatis mutandis for closure of the place of business of a foreign company in India as if it were a company incorporated in India.


 

Application of sections 34 to 36 and Chapter XX and Punishment for contravention are defined under Section 391  and 392 of Indian Companies Act 2013. Provisions under these Sections are:

 

Section 391 of Indian Companies Act 2013 "Application of sections 34 to 36 and Chapter XX"

(1) The provisions of sections 34 to 36 (both inclusive) shall apply to -

(i) the issue of a prospectus by a company incorporated outside India under section 389 as they apply to prospectus issued by an Indian company;

(ii) the issue of Indian Depository Receipts by a foreign company.

(2) The provisions of Chapter XX shall apply mutatis mutandis for closure of the place of business of a foreign company in India as if it were a company incorporated in India.

 

Section 392 of Indian Companies Act 2013 "Punishment for contravention"

Without prejudice to the provisions of section 391, if a foreign company contravenes the provisions of this Chapter, the foreign company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees and in the case of a continuing offence, with an additional fine which may extend to fifty thousand rupees for every day after the first during which the contravention continues and every officer of the foreign company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty five thousand rupees but which may extend to five lakh rupees, or with both.

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