CA Inter P2 · Chapter 10 · Question 5 of 6
A foreign company has not filed the documents required under Chapter XXII. It entered into a supply contract in India and now wishes to sue the buyer for non-payment. Under section 393:
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: A) The contract is valid, but the company cannot bring a suit in respect of it until it complies with the applicable provisions
Explanation
Section 393 provides that failure to comply with Chapter XXII does not affect the validity of any contract, dealing or transaction, or the company's liability to be sued. However, the company cannot bring any suit, claim any set-off, make a counter-claim or start any legal proceeding in respect of it until it has complied with the provisions applicable to it.
More Companies Incorporated Outside India MCQs
- Q1Under section 2(42), which of the following is a 'foreign company'?
- Q2Under section 379, a foreign company must comply with Chapter XXII and other prescribed provisions as if it were a company incorporated in…
- Q3Under section 380(1), a foreign company must deliver the prescribed documents to the Registrar for registration within:
