Application of Sections 34 to 36 and Chapter XX

Notified Date of Section: 01/04/2014
391.*(1) The provisions of sections 34 to 36 (both inclusive) shall apply to—
(i) the issue of a prospectus by a company incorporated outside India under section 389 as they apply to prospectus issued by an Indian company;
(ii) the issue of Indian Depository Receipts by a foreign company.

**1[(2) Subject to the provisions of section 376, the provisions of Chapter XX shall apply mutatis mutandis for closure of the place of business of a foreign company in India as if it were a company incorporated in India in case such foreign company has raised monies through offer or issue of securities under this Chapter which have not been repaid or redeemed.]

Note:

*Sub-section 1 has been notified as on 01/04/2014.

** Sub section (2) has been notified as on 9th February 2018

Amendments 


1.Substituted by the Companies (Amendment) Act, 2017 

In section 391 for sub-section (2) for the words:-

“(2)The provisions of Chapter XX shall apply mutatis mutandis for closure of the place of business of a foreign company in India as if it were a company incorporated in India.”

The following sub-section shall be substituted, namely :- 

 “(2) Subject to the provisions of section 376, the provisions of Chapter XX shall apply mutatis mutandis for closure of the place of business of a foreign company in India as if it were a company incorporated in India in case such foreign company has raised monies through offer or issue of securities under this Chapter which have not been repaid or redeemed.”

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