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

Zephyr Global Inc., incorporated in Singapore, sets up a liaison office in Pune. Its constitutional documents are in Mandarin. In drafting the filing for the Registrar, which treatment of the constitutional document is correct under the Companies Act, 2013?

A foreign company must deliver a certified copy of its constituting document to the Registrar, and where that document is not in English it must also deliver a certified English translation. A summary, an untranslated copy or an uncertified translation is not sufficient under section 380(1)(a).

  1. ADeliver a certified copy of the charter, statutes or memorandum and articles, along with a certified English translationCorrect
  2. BDeliver only a plain English summary of the constitution prepared by the Indian office
  3. CDeliver the Mandarin original without any translation, since it is a foreign document
  4. DDeliver an uncertified English translation signed by the Indian representative

Explanation

Section 380(1)(a) requires a certified copy of the charter, statutes or memorandum and articles or other constituting instrument. If the instrument is not in English, a certified English translation is also required. A summary, an untranslated original or an uncertified translation does not meet this requirement.

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