Examine whether the following companies can be considered as Foreign Companies under the Companies Act, 2013: (i) A Company which is incorporated outside India employs agents in India but has no place of business in Indi

CS Professional · Advanced Company Law and Practice · PYQS · June 2019
Examine whether the following companies can be considered as Foreign Companies under the Companies Act, 2013: (i) A Company which is incorporated outside India employs agents in India but has no place of business in India. (ii) A Company incorporated in India but all the shares are held by foreigners.

Answer & Explanation:

According to section 2(42) of the Companies Act, 2013, "foreign company" means any company or body corporate incorporated outside India which: (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in India in any other manner. (i) Company incorporated outside India with agents but no place of business: Since in the given case, the company mentioned herein satisfy only one condition. It is not a foreign company until it starts business activities in India. (ii) Company incorporated in India with all foreign shareholders: A company incorporated in India but having all the foreign shareholders will be an Indian Company as defined under Section 2(20) of the Act. Hence such company is not a foreign company u/s 2(42) of the Act.

Topics: Company Law

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