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Question

Which of the following company is incorporated in a country outside India?

A
Private Company
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B
Foreign Company
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C
Government Company
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D
None of the above
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Solution

The correct option is B Foreign Company
Definition of Foreign Companies under the Act: The Act clearly defines a foreign company under Section 2(42). A foreign company is 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.
Hence, a foreign entity to be considered as a foreign company, has to fulfill both the criteria mentioned above, i.e., having a place of business in any manner specified above, and conducting any business activity in India.

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