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Section 389 Of Companies Act 2013: Registration Of Prospectus (Foreign Co.)

Corporate Law (Country: India)

SECTION-389 (Registration of prospectus) under CHAPTER-XXII (Companies Incorporated Outside India) of the Companies Act, 2013


No person shall issue, circulate or distribute in India any prospectus offering for subscription in securities of a company incorporated or to be incorporated outside India, whether the company has or has not established, or when formed will or will not establish, a place of business in India, unless before the issue, circulation or distribution of the prospectus in India, a copy thereof certified by the chairperson of the company and two other directors of the company as having been approved by resolution of the managing body has been delivered for registration to the Registrar and the prospectus states on the face of it that a copy has been so delivered, and there is endorsed on or attached to the copy, any consent to the issue of the prospectus required by section 388 and such documents as may be prescribed.








Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link

(2) Section 389 of the Companies Act 2013 was notified by MCA Notification S.O. 902(E) dated 26th March 2014 (w.e.f. 1st April 2014) - link

(3) Relevant rule(s) of the Companies 
(Registration of Foreign Companies) Rules, 2014 (w.e.f. 1st April 2014) link
  • Rule 11 - Documents to be annexed to prospectus
Note: Please check MCA site for any further amendments to the Companies (Registration of Foreign Companies) Rules, 2014.






This page was last updated on 30th May, 2017.

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