As per the provisions of the Companies Act, 2013, define the term "foreign company." Based on this definition, determine which of the following…

CA Intermediate · Corporate and Other Laws · RTP · January 2026
As per the provisions of the Companies Act, 2013, define the term "foreign company." Based on this definition, determine which of the following companies would be categorized as a foreign company: Sl. No. Place of Incorporation Registered Place Additional information 1 Germany Germany Developed software for a clinic in Delhi; servers located in Germany. 2 Canada Canada No branch or place of business in India, but has agents operating in India. 3 Australia Australia Board meetings are conducted in Bengaluru, India.

Suggested Answer and Working Notes:

As per section 2(42) of the Companies Act, 2013, "Foreign Company" means any company or body corporate incorporated outside India which has a place of business in India whether by itself or through an agent, physically or through electronic mode; and conducts any business activity in India in any other manner. So, as per the definition, we can conclude: Sl. No. Place of Incorporation Additional information Foreign company/ Not a foreign company 1 Germany Developed software for a clinic in Delhi; servers located in Germany. Though incorporated outside India, it is involved in transacting business in India and having place of business through electronic mode. Hence, it is a foreign company. 2 Canada No branch or place of business in India, but has agents operating in India. The company is operating though agents in India, but has no place of business in India. Hence, it is not a foreign company. 3 Australia Board meetings are conducted in Bengaluru, India. Mere holding of meetings in India cannot be termed as conducting business activity in India. Hence, it is not a foreign company.

Topics: Companies Incorporated outside India

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