Watson Ltd., a company incorporated in Australia, has a place of business through an agent in Mumbai. The agent transacts the business on behalf of the company through electronic mode. As regards Watson Ltd., answer the

CS Professional · Advanced Company Law and Practice · PYQS · December 2016
Watson Ltd., a company incorporated in Australia, has a place of business through an agent in Mumbai. The agent transacts the business on behalf of the company through electronic mode. As regards Watson Ltd., answer the following: (i) Whether Watson Ltd. shall be called a foreign company within the meaning of the Companies Act, 2013?

Answer & Explanation:

In accordance with the provisions of the Companies Act, 2013, as contained under section 2(42) 'foreign company' means any company or body corporate incorporated outside India which: Has a place of business in India whether by itself or through an agent, physically or through electronic mode; Conducts any business activity in India in any other manner. In this case since the foreign company (incorporated in Australia) transacts its business through an agent by electronic mode in Mumbai, it is a foreign company.

Topics: Foreign Companies

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