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

Kobayashi Seiki Co., a Japanese company, sets up a branch in Chennai. Its constitutional document is in Japanese. While preparing the filing under section 380, what must the company secretary attach along with the certified copy of the instrument?

The company must attach a certified translation of the instrument in the English language. Section 380(1)(a) requires a certified copy of the constituting instrument and, where it is not in English, a certified English translation, not a Hindi version or a summary.

  1. AA certified translation of it in the English languageCorrect
  2. BA translation in Hindi, the official language of the Union
  3. CA notarised summary of its main clauses in English
  4. DAn affidavit that the document is identical to the Indian Memorandum

Explanation

Section 380(1)(a) requires a certified copy of the charter, statutes or memorandum and articles or other constituting instrument and, if it is not in English, a certified translation in English. A Hindi translation or summary does not satisfy this.

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