Definitions

(1)

In these rules, unless the context otherwise requires,-

(a)

“Act” means the Companies Act, 2013 (18 of 2013);

(b)

“Annexure” means the Annexure enclosed to these rules;

(c)

For the purposes of clause (42) of section 2 of the Act, ”electronic mode” means carrying out electronically based, whether main server is installed in India or not, including, but not limited to –

(i)

business to business and business to consumer transactions, data interchange and other digital supply transactions;

(ii)

offering to accept deposits or inviting deposits or accepting deposits or subscriptions in securities, in India or from citizens of India;

(iii)

financial settlements, web based marketing, advisory and transactional services, database services and products, supply chain management;

(iv)

online services such as telemarketing, telecommuting, telemedicine, education and information research; and

(v)

all related data communication services,

whether conducted by e-mail, mobile devices, social media, cloud computing, document management, voice or data transmission or otherwise;

Explanation

For the purposes of this clause, electronic based offering of securities, subscription thereof or listing of securities in the International Financial Services Centres set up under section 18 of the Special Economic Zones Act, 2005 (28 of 2005) shall not be construed as ‘electronic mode’ for the purpose of clause (42) of section 2 of the Act.

(d)

”fees” means the fees as specified in the Companies (Registration Offices and Fees) Rules, 2014;

(e)

”Form” or “e-Form” means a form set forth in Annexure to these rules which shall be used for the matter to which it relates;

(f)

“Schedule” means the Schedule to the Act;

(g)

“section” means section of the Act.

(2)

The words and expressions used in these rules but not defined and defined in the Act or in the Companies (Specification of definitions details) Rules, 2014 shall have the meanings respectively assigned to them in the Act or in the said rules.

Notes, amendments & references (2)

Inserted vide the Companies (Registration of Foreign Companies) Amendment Rules, 2021 dated 05.08.2021. To view the notification, Click Here .

words and expressions used and not defined in this Act but defined in the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Depositories Act, 1996 (22 of 1996) shall have the meanings respectively assigned to them in those Acts