(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.
1[(2) Subject to the provisions of section 376, 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 in case
such foreign company has raised monies through offer or
issue of securities under this Chapter which have not been
repaid or redeemed.
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1. Subs. by Act 1 of 2018, s. 79, for sub-section (2) (w.e.f. 9-2-2018).
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 1*** with fine
which shall not be less than twenty-five thousand rupees but
which may extend to 2[five lakh rupees].
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1. The words "with imprisonment for a term which may extend to six months or"omitted by Act 29 of 2020, s. 54 (w.e.f. 21-12- 2020).
2.Subs. by s. 54, ibid., for "fifty thousand rupees, or with both" (w.e.f. 21-12-2020).