Chapter 22 - Corporate Law Reporter

Form FC-5 of Companies Act, 2013 – Nomination by IDR Holder

Nomination by IDR Holder Pursuant to section 390 and rule13(6)(c) of Companies (Registration of Foreign Companies) Rules, 2014 Read More

Section 393 of Companies Act, 2013 – Company's failure to comply with provisions of this Chapter not to affect validity of contracts, etc

SECTION 393. COMPANY'S FAILURE TO COMPLY WITH PROVISIONS OF THIS CHAPTER NOT TO AFFECT VALIDITY OF CONTRACTS, ETC. [Effective from 1st April, 2014] Any failure by a company to comply with the provisions of this Chapter shall not affect the validity of any contract, dealing or transaction entered into by the company or its liability… Read More

Section 392 of Companies Act, 2013 – Punishment for contravention

SECTION 392. PUNISHMENT FOR CONTRAVENTION [Effective from 1st April, 2014] Without prejudice to the provisions of section 391, if a foreign company contravenes the provisions of this Chapter, the foreign company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees and in… Read More

Section 391 of Companies Act, 2013 – Application of sections 34 to 36 and Chapter XX

SECTION 391. APPLICATION OF SECTIONS 34 TO 36 AND CHAPTER XX [Sub-section (1) of Section 391 is effective from 1st April, 2014, sub- section (2) effective from 15th December, 2016] (1) The provisions of sections 34 to 36 (both inclusive) shall apply to— (i) the issue of a prospectus by a company incorporated outside India… Read More

Section 390 of Companies Act, 2013 – Offer of Indian Depository Receipts

SECTION 390. OFFER OF INDIAN DEPOSITORY RECEIPTS [Effective from 1st April, 2014] Notwithstanding anything contained in any other law for the time being in force, the Central Government may make rules applicable for— (a) the offer of Indian Depository Receipts; (b) the requirement of disclosures in prospectus or letter of offer issued in connection with… Read More

Section 389 of Companies Act, 2013 – Registration of prospectus

SECTION 389. REGISTRATION OF PROSPECTUS [Effective from 1st April, 2014] No person shall issue, circulate or distribute in India any prospectus offering for subscription in securities of a company incorporated or to be incorporated outside India, whether the company has or has not established, or when formed will or will not establish, a place of… Read More

Section 388 of Companies Act, 2013 – Provisions as to expert's consent and allotment

SECTION 388. PROVISIONS AS TO EXPERT'S CONSENT AND ALLOTMENT [Effective from 1st April, 2014] (1) No person shall issue, circulate or distribute in India any prospectus offering for subscription in securities of a company incorporated or to be incorporated outside India, whether the company has or has not been established, or when formed will or… Read More

Section 387 of Companies Act, 2013 – Dating of prospectus and particulars to be contained therein

SECTION 387. DATING OF PROSPECTUS AND PARTICULARS TO BE CONTAINED THEREIN [Effective from 1st April, 2014] (1) No person shall issue, circulate or distribute in India any prospectus offering to subscribe for securities of a company incorporated or to be incorporated outside India, whether the company has or has not established, or when formed will… Read More

Section 386 of Companies Act, 2013 – Interpretation

SECTION 386. INTERPRETATION [Effective from 12th September, 2013, except clause (a)] [Clause (a) is effective from 1st April, 2014] For the purposes of the foregoing provisions of this Chapter,— (a) the expression "certified" means certified in the prescribed manner to be a true copy or a correct translation; (b) the expression "director", in relation to… Read More

Section 385 of Companies Act, 2013 – Fee for registration of documents

SECTION 385. FEE FOR REGISTRATION OF DOCUMENTS [Effective from 1st April, 2014] There shall be paid to the Registrar for registering any document required by the provisions of this Chapter to be registered by him, such fee, as may be prescribed. Applicable Rules Companies (Registration of Foreign Companies) Rules, 2014 [Effective from 1st April, 2014]… Read More

Section 384 of Companies Act, 2013 – Debentures, annual return, registration of charges, books of account and their inspection

SECTION 384. DEBENTURES, ANNUAL RETURN, REGISTRATION OF CHARGES, BOOKS OF ACCOUNT AND THEIR INSPECTION [Effective from 1st April, 2014] (1) The provisions of section 71 shall apply mutatis mutandis to a foreign company. (2) The provisions of section 92 [and section 135] [3] shall, subject to such exceptions, modifications and adaptations as may be made therein… Read More

Section 383 of Companies Act, 2013 – Service on foreign company

SECTION 383. SERVICE ON FOREIGN COMPANY [Effective from 12th September, 2013] Any process, notice, or other document required to be served on a foreign company shall be deemed to be sufficiently served, if addressed to any person whose name and address have been delivered to the Registrar under section 380 and left at, or sent… Read More

Section 382 of Companies Act, 2013 – Display of name, etc., of foreign company

SECTION 382. DISPLAY OF NAME, ETC., OF FOREIGN COMPANY [Effective from 12th September, 2013] Every foreign company shall— (a) conspicuously exhibit on the outside of every office or place where it carries on business in India, the name of the company and the country in which it is incorporated, in letters easily legible in English… Read More