Foreign Company

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sirisha (Querist)

05 June 2009 A foreign company incorporated outside India as Public company under the laws of that foreign co, can we treat that as public company under the indian Companies act. Plz clarify at the very earliest.

Ankur Garg

Ankur Garg (Expert)

05 June 2009 Hi...

By virtue of Section 3(1)(i) you can not treat a foreign company incorporated outside India as Public company as public company under the indian Companies act.
This is my personal opinion. Views of other Experts solicited.

Read Section 3(1)(i) of the Companies Act, 1956.

Best Regards

sirisha

sirisha (Querist)

06 June 2009 But sir, if we see the definition of body corporate it says "body corporate includes a company".

Ankur Garg

Ankur Garg (Expert)

06 June 2009 Agree with you.

But very few section in the act using the word body corporate like 295.

But if a section is talking about the word "Company" and not body corporate then you tell me can we use the definition of section 2(7).

In other words & as per my opinion you can not replace the word company by body corporate and include Foreigh company.

Regards

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