Section 385 of the Companies Act, 2013
Section 385 of the Companies Act, 2013 deals with the Power of Central Government to apply sections 380 to 384 to a foreign company.
⚖️ Bare Act Language:
Section 385. Power of Central Government to apply sections 380 to 384 to a foreign company
The Central Government may, by notification, direct that any of the provisions of sections 380 to 384 and section 386 (inclusive), or any part thereof, shall not apply to any foreign company or shall apply to such foreign company with such exceptions, modifications, and adaptations as may be specified in the notification.
✅ Explanation:
This section empowers the Central Government to make exceptions or modifications to the application of certain provisions (i.e., Sections 380 to 384 and 386) in the case of foreign companies. The government can:
Exempt certain foreign companies from these provisions entirely.
Modify the way these provisions apply to them.
Issue notifications to clarify or adapt the law for practical implementation.
📘 Relevant Sections:
Section 380 – Documents to be delivered to Registrar by foreign companies
Section 381 – Accounts of foreign company
Section 382 – Display of name, etc., of foreign company
Section 383 – Service on foreign company
Section 384 – Debentures, annual return, registration of charges, etc.
Section 386 – Interpretation (definitions specific to foreign company provisions)
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