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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Legislative Framework of Corporate Governance in India

Zephyr Tools Inc., incorporated in Delaware, opens a liaison office in Pune on 1 June. By when must it deliver the prescribed documents, including a certified copy of its charter or memorandum and articles, to the Registrar under the Companies Act, 2013?

A foreign company must file its constitutional documents and particulars with the Registrar within thirty days of establishing a place of business in India. The period runs from establishment of that place of business, so Zephyr Tools must file by 1 July.

  1. AWithin thirty days of establishing its place of business in India, i.e. by 1 JulyCorrect
  2. BWithin sixty days of establishing its place of business in India
  3. CWithin ninety days of the end of the financial year in which it began business
  4. DWithin thirty days of its first board meeting held in India

Explanation

Section 380(1) requires every foreign company to deliver the specified documents to the Registrar within thirty days of establishing its place of business in India. Sixty days and a financial-year-based period are not in the section. The trigger is the establishment of the place of business, not a board meeting.

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