Companies Act, 2013

FOREIGN COMPANY ESTABLISHMENT AND COMPLIANCES UNDER COMPANIES ACT 2013 As Per Section 2 (42) Foreign company is a 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)     conduct any business activity in India in any other manner Simple definition give understanding that even a company incorporated outside India, has simple electronic present, which may be used for business in India is a foreign company Note: # Share transfer or share registration office will be treated as a ‘place of businesses. # It was held that ‘established place of business’ means a permanent and specific location from where business is carried on regularly. If foreign company had no established place of business at the time of signing the contract, the company is not governed by restriction under Act. Mere appointment of constituted attorney for purpose of

GOVERNMENT COMPANY C ONTENT OF A RTICLES A.   Background B.    Provisions Applicable to Government Company. No need to use word Private Limited, Name, Transfer of Share, Transfer of Bond, Deposit, Annual General Meeting, Director Report, Appointment of Director, Independent Director. C.   Advantage of Government Company. D.   Auditors Relating Provisions. E.     Provisions not applicable to Government Company. Table form of List of provisions, Registers, Impact of Section, Loan to Director, Loan and Investment by Company, Related Party Transaction, Appointment of Managerial personnel BACKGROUNGD: Government Company : Means any company in which not less than 51% (fiftyone per cent). Ofthe paid-up share capital is held by:- §   The Central Government, or Any State Government or Governments, orPartly by the Central Government and partly by one or more State Governments, or includes a company which is a subsidiary company of such a Government