Source: 1)b)ii)3m,MDTP6, 1(b)(ii)3m,MTP2,Sept 2024, 6(c)3m,Dec2020, 1)b)ii)3m,MDTP8, RTP,June2024, 6(c)3m,Dec2022, 1)b)ii)3m,MTP2,Jan20253 Marks
Back to Law List

Question Scenario

Mike Limited is incorporated in India having Liaison office at Singapore. Explain in detail meaning of Foreign Company and analysis on whether Mike Limited would be called as Foreign Company as it established a Liaison office at Singapore as per the provisions of the Companies Act, 2013? OR Mike LLC incorporated in Singapore having an office in Pune, India. Analyze whether Mike LLC would be called a foreign company as per the provisions of the Companies Act, 2013? Also explain the meaning of foreign company.

Estimated Writing Time: 5 mins Try in Practice Mode

Suggested Answer

Foreign Company [Section 2(42) of the Companies Act, 2013]: It means any company or body corporate incorporated outside India which – i) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and ii) conducts any business activity in India in any other manner. Since Mike Limited is a company incorporated in India, hence, it cannot be called as a foreign company. Even though, Liaison Office was officially established at Singapore, it would not be called as a foreign company as per the provisions of the Companies Act, 2013. OR As Mike LLC is incorporated in Singapore and having a place of business in Pune, India, it is a foreign Company.

Exam Strategy Tip

When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.

Ready to Practice More Law Cases?

Test your knowledge under timed conditions in our dedicated Writing Practice Mode. Get a feel for the real exam pressure.

Enter Writing Practice