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

Brightwave Pte Ltd, a Singapore company, closed its Kolkata office two years ago and now opens a new place of business in Hyderabad. Its Section 380 filing is being drafted. Which item must specifically be included because of the earlier closure, and what must the declaration about directors cover?

The filing must give particulars of opening and closing of earlier places of business in India, and a declaration that none of the directors or the authorised representative in India has ever been convicted or debarred from company formation and management in India or abroad.

  1. AParticulars of opening and closing of a place of business in India on earlier occasions; declaration that no director or authorised representative in India was ever convicted or debarred from company formation and management in India or abroadCorrect
  2. BOnly the full address of the new office; declaration that no director has been disqualified in India
  3. CParticulars of earlier places of business only if they were closed within one year; declaration limited to the authorised representative
  4. DA list of shareholders of the earlier office; declaration that directors are resident in India

Explanation

Section 380(1)(f) requires particulars of opening and closing of a place of business in India on earlier occasions, with no one-year limit. 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.

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