online business operation by company incorporated outside India makes it a foreign company

By | November 14, 2015

One of my client’s company is incorporated in Thailand having no physical place of business in India, but they have online business operating in India. Then will it be considered as Foreign Company? 

Answer: According to section 2(42) of Companies Act 2013 foreign company means and include a Company or Body Corporate incorporated outside India having- A. a place of business in India whether by itself or through an agent, physically or through electronic mode and B. Conducts any business activity in India in any other manner.

Thus, the company in your case will be considered as Foreign Company.

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