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CA Intermediate · Corporate and Other Laws · Companies Incorporated Outside India

Alder Biotech Ltd., a foreign company, has a place of business in Bengaluru. Its authorised representative in India, Mr. Rao, is served with a legal notice addressed to the company. Which statement is correct?

Service is valid when the notice is delivered to the India-resident person whose name and address the foreign company has filed with the Registrar as authorised to accept service. The Act provides for this, so service need not be made at the foreign head office or through diplomatic channels.

  1. AService is invalid because notice must be served at the company's head office abroad
  2. BService is valid if the notice is delivered to the person whose name has been filed with the Registrar as resident in India authorised to accept service on the company's behalfCorrect
  3. CService is valid only if the notice is served on the Registrar
  4. DService is valid only through a diplomatic channel

Explanation

A foreign company must file with the Registrar the name and address of one or more persons resident in India authorised to accept, on its behalf, service of process and notices. Any such process or notice left at or sent by post to the address filed is served on the company. Service need not be made abroad or through the Registrar, so the other options are wrong.

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