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

Kestrel Ltd, a UK company, has registered its Mumbai place of business and named Mr Arvind Rao, resident in Mumbai, as the person authorised to accept service. A notice is posted to his address as delivered to the Registrar. What is the legal position?

The notice is deemed sufficiently served. Section 383 treats a document addressed to the person named under section 380 and left at or posted to the delivered address, or sent electronically, as properly served, with no need for acknowledgment or service at the foreign head office.

  1. AService is valid only if the notice is also sent to the UK head office
  2. BService is not valid unless Mr Rao acknowledges it in writing
  3. CService is valid only if made through the Registrar
  4. DThe notice is deemed sufficiently served, as it was sent by post to the address delivered under section 380Correct

Explanation

Section 383 deems service sufficient if the document is addressed to a person whose name and address were delivered under section 380 and is left at or sent by post to that address, or sent electronically. No acknowledgment, Registrar route or UK service is required.

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