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CS Executive · Setting Up of Business, Industrial and Labour Laws · Setting up of Branch Office, Liaison Office and Wholly Owned Subsidiary by Foreign Company

Kobe Machines Ltd, a Japanese company, has set up a place of business in Chennai. Its charter is in Japanese. Which statement about the document it must deliver to the Registrar is correct?

The company must deliver a certified copy of its charter or constitutional instrument, together with a certified English translation because the original is not in English. Section 380(1)(a) requires both, so neither the translation alone nor the Japanese text alone satisfies the requirement.

  1. AIt must deliver a certified copy of the charter with a certified English translationCorrect
  2. BIt must deliver only the English translation, without the original charter
  3. CIt need not deliver the charter if it delivers the list of directors
  4. DIt must deliver the charter in Japanese only, as translations are not required

Explanation

Section 380(1)(a) requires a certified copy of the charter, statutes or memorandum and articles, and if the instrument is not in English, a certified English translation. The translation accompanies the certified copy; it does not replace it, and the charter cannot be skipped.

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