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

Kiwi Dairy Ltd., a foreign company with a place of business in Gujarat, wishes to serve legal notices on it. Its authorised Indian resident, Mr. Patel, has been named to the Registrar. How may a document be served on the company under the Companies Act, 2013?

A document is validly served on a foreign company if it is addressed to the resident person whose name and address were filed with the Registrar and is left at or posted to that filed address. The Act does not require service abroad, newspaper publication in the home country or diplomatic channels.

  1. ABy serving it on the person resident in India whose name and address were filed with the Registrar, or by leaving it at or sending it to the address filedCorrect
  2. BOnly by sending it to the company's head office abroad by courier
  3. COnly by publishing a notice in a newspaper circulating in New Zealand
  4. DOnly through the Ministry of External Affairs

Explanation

Any process, notice or document required to be served on a foreign company is sufficiently served if addressed to the person whose name and address were filed with the Registrar and left at, or sent by post to, the filed address. The other options impose restrictions that the Act does not contain.

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