Section 391 The Companies Act, 2013

Section 391 The Companies Act, 2013

Application of Sections 34 to 36 and Chapter XX

(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

Amendment

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.”