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.
- AIt must deliver a certified copy of the charter with a certified English translationCorrect
- BIt must deliver only the English translation, without the original charter
- CIt need not deliver the charter if it delivers the list of directors
- 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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