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

Nordik GmbH, a German company, opens a branch in Chennai. Its memorandum and articles equivalent is in German. Which treatment of the constitutional document is correct under section 380?

Nordik must deliver a certified copy of its constituting instrument and also a certified English translation, because the instrument is not in English. Section 380(1)(a) requires both; an uncertified summary or translation alone does not satisfy the requirement.

  1. AA certified copy of the instrument alone is enough, since translation is optional
  2. BOnly an uncertified English summary need be filed
  3. CA certified copy of the instrument along with a certified English translation must be deliveredCorrect
  4. DOnly the English translation need be filed; the German original is not required

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. Hence both are needed; a summary or translation alone is insufficient.

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