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

Orion Corp, a US company, registered its Delhi office under section 380 on 1 April. On 10 June it changed its authorised person in India, and the Registrar has not been told. On 25 June, which statement is correct?

No default exists yet on 25 June. Section 380(3) allows thirty days from the alteration to deliver a return of the particulars in the prescribed form, and thirty days from 10 June runs to 10 July, so the period is still open.

  1. ANo default exists because alterations need be reported only with the annual accounts
  2. BThe thirty-day period for the return of alteration expired on 10 July, so no default exists yet on 25 JuneCorrect
  3. CA default exists because alterations must be reported within seven days
  4. DA default exists because the return was due on the day of change

Explanation

Under section 380(3), a return of the alteration in the prescribed form must be delivered within thirty days of the alteration. Thirty days from 10 June ends on 10 July, so on 25 June the time has not lapsed. Reporting only with accounts is not the rule.

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