Exemption from Chapter XXII: Companies Incorporated Outside India



Quick Summary
Companies incorporated outside India are now exempt from certain sections of the Companies Act, 2013, specifically those related to offering securities and prospectus requirements. This exemption applies within International Financial Services Centres (IFSCs) and was enabled by Section 393A of the Act, effective from January 22, 2021. The aim is to streamline processes for foreign entities operating in these specialised financial zones.

The Central Government, by exercising its powers under section 393A of the Companies Act, 2013, has exempted the following from the provisions of sections 387 to 392 (both inclusive):

  • Foreign Companies
  • Companies incorporated or to be incorporated outside India, whether the company has or has not established, or when formed may or may not establish, a place of business in India
Exemption for Foreign Companies in IFSCs from Companies Act

to the extent, they relate to the

  • offering for subscription in the securities,
  • requirements related to the prospectus and
  • all matters incidental thereto
 

in the International Financial Services Centres (IFSCs) set up under Section 18 of the Special Economic Zones Act, 2005. 

 

Note: Section 393A was inserted vide the Companies (Amendment) Act, 2020 and was made effective w.e.f. 22nd January, 2021.




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PCS at Tanveer Saluja & Associates

Practicing Company Secretary at Tanveer Saluja Associates

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