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CMA Final · Corporate and Economic Laws · Compromises, Arrangements and Amalgamations

For Section 234 of the Companies Act, 2013, the expression 'foreign company' means:

For Section 234, a foreign company is any company or body corporate incorporated outside India, regardless of whether it has a place of business in India. Place of business and shareholder residence do not matter.

  1. AOnly a company having a place of business in India but incorporated abroad
  2. BOnly a company incorporated outside India with no place of business in India
  3. CAny company or body corporate incorporated outside India, whether or not it has a place of business in IndiaCorrect
  4. DOnly a company whose majority shareholders are non-residents

Explanation

The Explanation to Section 234(2) defines a foreign company as any company or body corporate incorporated outside India, whether having a place of business in India or not. The place of business is irrelevant, so the narrower options are wrong.

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