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

Brightwave Inc., a foreign company with a Bengaluru place of business, changes its list of directors on 10 June after having filed its documents. By when must it file the return of alteration with the Registrar, and in what form?

The foreign company must deliver a return containing the particulars of the alteration within thirty days of the alteration, in the prescribed form. This follows from section 380(3), which applies when the documents earlier delivered to the Registrar are altered. Waiting for an annual filing is not allowed.

  1. AWithin thirty days of the alteration, in the prescribed formCorrect
  2. BWithin the next annual return filing date, in any form
  3. CWithin sixty days of the alteration, by letter
  4. DNo filing is needed because the Registrar only records the initial documents

Explanation

Section 380(3) says that where an alteration is made in the documents delivered to the Registrar, the foreign company must within thirty days deliver a return with particulars of the alteration in the prescribed form. A letter or later annual filing does not satisfy this.

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