CA Intermediate · Corporate and Other Laws · Companies Incorporated Outside India
Kestrel Foods Pte. Ltd., a Singapore company with a place of business in Kochi, has failed to deliver its financial statements to the Registrar as required for a foreign company. Which statement correctly states the consequence under the Companies Act, 2013?
The company and every officer in default face a monetary penalty, with an additional daily penalty for continuing default. A foreign company with a place of business in India must file its financial statements with the Registrar. Indian law cannot cancel its foreign incorporation, and it is not exempt from filing.
- AThe company and every officer in default are liable to a penalty, with additional penalty for continuing defaultCorrect
- BOnly the Singapore directors are liable, and the Indian authorised representative is exempt
- CThe company's incorporation in Singapore stands cancelled
- DNo consequence arises because foreign companies are exempt from filing accounts in India
Explanation
A foreign company must file with the Registrar, each year, its balance sheet and profit and loss account and other documents as prescribed. On default, the company is punishable with a monetary penalty and a further penalty for each continuing day, and every officer in default is also liable. The Indian law cannot cancel foreign incorporation, and foreign companies are not exempt from filing.
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