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Chapter XIV - Inspection, Inquiry and Investigation

Section 228

Section 228: investigation, etc., of foreign companies

Section 228 is a one-sentence provision: the inspection, inquiry and investigation powers of Chapter XIV apply mutatis mutandis to foreign companies.

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Need advice on Section 228?

This article is for general information. Refer to the Companies Act, 2013 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

The provisions of this Chapter shall apply mutatis mutandis to inspection, inquiry or investigation in relation to foreign companies.

Introduction

A foreign company is defined in section 2(42). Section 228 commenced on 1 April 2014 under S.O. 902(E). The India Code text shows no amendment and matches the 2013 Gazette.

Key takeaways

1

Same chapter applies

The provisions of Chapter XIV apply to inspection, inquiry or investigation in relation to foreign companies.

2

Mutatis mutandis

They apply with the changes needed to fit a foreign company, rather than word for word.

3

Relevance

Foreign companies with a place of business in India should expect the same inspection and investigation powers as Indian companies.

What the section says

The provisions of Chapter XIV, which cover inspection, inquiry and investigation (sections 206 to 229), apply mutatis mutandis to inspection, inquiry or investigation in relation to foreign companies.

Practical preparation

Keep the books and records of the Indian place of business ready for inspection; nominate a person in India who can respond to the Registrar or an inspector; and treat notices under Chapter XIV with the same urgency as an Indian company would.

Procedure, forms, fees and timelines for applications under this provision are set out in rules made under the Act and in the Tribunal’s procedure; check the current text of those rules, and any exemption notification for your class of company, before relying on this guide.

Practical checklist

Do

  • Keep Indian books and records organised and accessible.

Avoid

  • Do not assume that being incorporated outside India places a foreign company outside Chapter XIV.

Illustrative example

Hypothetical: inspection of a branch office

A foreign company with a branch in India receives a notice from the Registrar seeking books and explanations.

  1. Apply Chapter XIV

    Section 228 means the same inspection and inquiry provisions apply, adapted to a foreign company.

  2. Respond

    The branch produces the requested records through its authorised person in India.

Outcome

  • The foreign company is treated in substance like an Indian company for Chapter XIV purposes.

Glossary

Foreign company
A company or body corporate incorporated outside India that has a place of business in India or conducts business activity in India in any other manner, as defined in section 2(42).
Mutatis mutandis
With the necessary changes made.

Frequently asked questions

Can the Central Government investigate a foreign company?

Yes. Section 228 applies Chapter XIV to inspection, inquiry or investigation in relation to foreign companies, with the necessary changes.

Does section 228 create new powers?

No. It extends the existing Chapter XIV provisions to foreign companies.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 12 October 2026