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

A draft filing by Nordvik AS, a Norwegian company with an Indian place of business, contains the charter copy, registered office address, list of directors and secretary, name of an Indian resident authorised to accept service, and the Indian principal office address. The company has previously opened and closed an Indian office in 2019. Which required item is missing from the draft?

Two items are missing: the particulars of the earlier opening and closing of a place of business in India, and the declaration that no director or authorised representative in India has been convicted or debarred from company formation and management. Both are required by section 380(1).

  1. AParticulars of the earlier opening and closing of a place of business in India, and a declaration on conviction or debarmentCorrect
  2. BOnly the particulars of the earlier opening and closing of a place of business
  3. COnly the declaration regarding conviction or debarment
  4. DThe audited Indian balance sheet for the preceding year

Explanation

Section 380(1)(f) requires particulars of opening and closing of a place of business on earlier occasions, and (g) requires a declaration that no director or authorised representative has been convicted or debarred. The draft lacks both. The audited Indian balance sheet is not listed in this sub-section.

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