What is a 'Foreign Company' and what are the conditions for receiving Foreign Contribution by a Person Resident in India as per provisions of the Foreign Contribution (Regulation) Act, 2010.

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2024
What is a 'Foreign Company' and what are the conditions for receiving Foreign Contribution by a Person Resident in India as per provisions of the Foreign Contribution (Regulation) Act, 2010.

Answer & Explanation:

According to Section 2(g) of the Foreign Contribution (Regulation) Act, 2010 "Foreign Company" means any company or association or body of individuals incorporated outside India and includes— A foreign company within the meaning of the Companies Act, 1956/2013; A company which is a subsidiary of a foreign company; The registered office or principal place of business of a foreign company referred to in sub-clause (i) or company referred to in sub-clause (ii); A multi-national corporation. It may be noted that a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation, (a) has a subsidiary or a branch or a place of business in two or more countries or territories; or (b) carries on business, or otherwise operates, in two or more countries or territories; Any "Person" can receive foreign contribution subject to the following conditions: It must have a definite cultural, economic, educational, religious or social programme. It must obtain the FCRA registration/prior permission from the Central Government It must not be prohibited under Section 3 of FCRA, 2010. It may be noted that "Person" includes (i) (i) (iii) (iv) an individual; a Hindu undivided family; an association; a company registered under section 25/8 of the Companies Act, 1956/2013 respectively.

Topics: Foreign Contribution (Regulation) Act, 2010

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