(i) In the light of the provisions of the Companies Act, 2013, discuss the status of Gram Pte, which is a company registered in Singapore, that is…

CA Intermediate · Corporate and Other Laws · RTP · September 2024
(i) In the light of the provisions of the Companies Act, 2013, discuss the status of Gram Pte, which is a company registered in Singapore, that is conducting online business through telemarketing in India without a physical place of business. It is also informed that for the telemarketing business in India, its main server located outside India.

Suggested Answer and Working Notes:

(a) According to section 2 (42) of the Companies Act, 2013, "foreign company" means any 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) conducts any business activity in India in any other manner. According to Rule 2 (1) (c) (iv) of the Companies (Registration of Foreign Companies) Rules, 2014, "electronic mode” means carrying out electronically based, whether main server is installed in India or not, including, but not limited to, online services such as telemarketing, telecommuting, telemedicine, education and information research. In view of the above provisions of the Companies Act, 2013 and the facts of the question, it can be said that being involved in online business of telemarketing services in India having its main server outside India, Gram Pte will be treated as foreign company.

Topics: Companies Incorporated outside India

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