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

Meridian Pharma LLC, a US company, has a place of business in Hyderabad. Its authorised representative in India, Mr. Rao, is the person on whom documents can be served. Which is the correct rule on service of documents on the company under Chapter XXII?

Documents can be served on the foreign company by leaving them at or posting them to the address of the India-resident person it has filed with the Registrar as authorised to accept service. The person need not be a director, and service at the foreign office or through the ministry is not required.

  1. AAny process or notice may be served by leaving it at, or sending it to, the address filed with the Registrar of the person resident in India authorised to accept serviceCorrect
  2. BService is valid only if made at the US registered office
  3. CService must be made through the Ministry of External Affairs only
  4. DService on Mr. Rao is invalid because he is not a director

Explanation

A foreign company must file the name and address of one or more persons resident in India authorised to accept, on its behalf, service of process and notices. Any document may be served on the company by leaving it at, or sending it by post to, the address so filed. Being a director is not required, and service need not be through the US office or the ministry.

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