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

Kobayashi Techno KK, a Japanese company, is setting up a branch in Chennai. Its constitutional instrument is in Japanese. Which statement correctly describes what it must deliver to the Registrar regarding that instrument?

The company must deliver a certified copy of its charter, statutes or memorandum and articles, together with a certified English translation because the instrument is not in English. Both are required; translation is not optional and a mere summary does not suffice.

  1. AA certified copy of the instrument only, as translation is optional
  2. BAn uncertified English summary of the instrument
  3. CA certified copy of the instrument and a certified English translation of itCorrect
  4. DAn English translation certified by an Indian advocate only, without the original

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. Translation is therefore mandatory, and the original certified copy is still needed.

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