Section 445

Interpretation of provisions of this Part.—For the purposes of this Part—

(a) the expression “certified” means certified in the specified manner to be a true copy or a correct translation;

(b)  the expression “director”, in relation to a company includes any person in accordance with whose directives or instructions the directors of the company are accustomed to act;

(c) the expression “place of business” includes a branch, management, share transfer or registration office, factory, mine or other fixed place of business, but does not include an agency unless the agent has, and habitually exercise, a general authority to negotiate and conclude contracts on behalf of the company or maintains a stock of merchandise belonging to the company from which he regularly fills orders on its behalf:

Provided that:

(i) a company shall not be deemed to have an established place of business in Pakistan merely because it carries on business dealings in Pakistan through a bona fide broker or general commission agent acting in the ordinary course of his business as such;

(ii) the fact that a company has a subsidiary which is incorporated, resident, or carrying on business in Pakistan (whether through an established place of business or otherwise) shall not of itself constitute the place of business of that subsidiary an established place of business of the company; and

(d) the expression “secretary” includes any person occupying the position of secretary, by whatever name called.