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

A foreign company's section 380 filing must include a declaration about its directors and authorised representative in India. Which declaration is required?

The company must declare that none of its 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); residency, DIN or shareholding declarations are not part of it.

  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 in India
  4. DThat none of them holds shares in an Indian company

Explanation

Section 380(1)(g) requires a declaration that none of the directors or the authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad. Residency, DIN and shareholding declarations are not listed there.

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