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CS Executive · Setting Up of Business, Industrial and Labour Laws · Conversion of Business Entities

A firm intends to register as a company and is preparing the public notice required under Section 374 of the Companies Act, 2013. Which publication requirement is correct?

The company must publish a newspaper advertisement, one in English and one in a vernacular language, in the prescribed form, giving notice of the proposed registration and seeking objections, then address those objections suitably. Section 374(b) imposes this regardless of partner consent.

  1. AOne advertisement in English and one in vernacular language in a newspaper, seeking objections and addressing them suitablyCorrect
  2. BA notice only in the Official Gazette of the State
  3. CAdvertisement in a single English newspaper only
  4. DNo advertisement is needed if all partners consent

Explanation

Section 374(b) requires publication in a newspaper of an advertisement, one in English and one in vernacular language, in the prescribed form, giving notice of the registration and seeking objections, which must be addressed suitably. Partners' consent does not waive this.

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