Question ID : 44952

Body Corporate Definition

Is a company registered abroad as per laws of that country will be a body corporate as per companies act definition? It has not branches or offices in India. Will the answer be different if it has branches or offices in India?

Answer ID : 86048

No....but see provisions of section 379 of the 2013 Act

Answer ID : 86049

379. Application of Act to foreign companies.— Where not less than fifty per cent. of the paid-up share capital, whether equity or preference or partly equity and partly preference, of a foreign company is held by one or more citizens of India or by one or more companies or bodies corporate incorporated in India, or by one or more citizens of India and one or more companies or bodies corporate incorporated in India, whether singly or in the aggregate, such company shall comply with the provisions of this Chapter and such other provisions of this Act as may be prescribed with regard to the business carried on by it in India as if it were a company incorporated in India.

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