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CS Professional · Drafting, Pleadings and Appearances · Documents under Companies Act, 2013

A company secretary is preparing the declaration to accompany a foreign company's filing. Which declaration does section 380(1) require about the directors and the authorised representative in India?

The declaration must state that none of the foreign company's directors or its authorised representative in India has ever been convicted or debarred from formation of companies and management, whether in India or abroad. This is required by section 380(1)(g), and residency or directorship-limit declarations are not required there.

  1. AThat none of them has ever been convicted or debarred from formation of companies and management in India or abroadCorrect
  2. BThat all of them are resident in India for at least 182 days
  3. CThat all of them hold a Director Identification Number issued abroad
  4. DThat none of them is a director in more than ten companies

Explanation

Section 380(1)(g) requires a declaration that none of the directors of the company or the authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad. The other declarations are not part of this clause.

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