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Legality about incorporated company

(Querist) 06 October 2011 This query is : Resolved 
Is it legal in India to deal with a incorporation certificated holder company or incorporation registered company ?
Shailesh Kr. Shah (Expert) 06 October 2011
can you tell me what is the difference between as you asked?
R.Ramachandran (Expert) 06 October 2011
You question is not at all clear. Can you elaborate?
Kamal Debnath (Querist) 06 October 2011
my question :

Is it legal in India to invest money in or to be a franchise or promoter or agent of incorporation registered certificate holder foreign company according to their business plan ?
Sankaranarayanan (Expert) 06 October 2011
Here all are asking the question vague manner, for improving knowledge or need the solution of prob.
All companies are to be incorporated under company act by prescribed format.
Sankaranarayanan (Expert) 06 October 2011
IF any foreign company is interest to start their business in india then they need to clear all formalities or MOU with Indian company
Kamal Debnath (Querist) 06 October 2011
Without registration of INDIAN GOVERNMENT, so many incorporated foreign company doing their business in India with appointing promoters, agents, franchises, networkers, panelist. In this fact, if i wish to be a their applicant or partner of their said post, then will it be legal according to Indian current business law ?
Kamal Debnath (Querist) 06 October 2011
Sankar ji, How can I check MOU of foreign company ?
Shailesh Kr. Shah (Expert) 06 October 2011
Section 592 to 602 of the Companies Act,1956 deals with Foreign Company.
Sections 592 to 602, both inclusive, shall apply to all foreign companies, that is to say, companies falling under the following two classes, namely:-
(a) companies incorporated outside India which, after the commencement of this Act, establish a place of business within India; and
(b) companies incorporated outside India which have, before the commencement of this Act, established a place of business within India and continue to have an established place of business within India at the commencement of this Act.
R.Ramachandran (Expert) 06 October 2011
Dear Mr. Kamal Debnath,
Still you have not come out with complete facts. You have something in mind but not able to either express properly or do not want to disclose. Instead of talking generally that so many companies etc., etc., come out with exact fact situation. If you have any reservation in coming out with facts, you would be better advised to approach a lawyer privately and consult him.
prabhakar singh (Expert) 06 October 2011
Fallacious indeed is your query,not possible to decipher as to what you mean;
if it is that secret then visit a chamber of a lawyer to consult.
Guest (Expert) 08 October 2011
Dear Kamal,

You must first be clear in your question and specify--

1) what is the business of the foreign company?

2) what type of offer the company makes to you, i.e., agency, franchiseship, etc.?

3) whether it is on commission basis for the busness you transact on behalf of the company, or royalty basis?

4) whether the company desires you to transact business in the company's name by establishing an office or in your own name, just by referring the customers to the company?

5) whether the company desires you to invest in foreign currency or in Indian Rupees? etc.


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