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Section 380 Of Companies Act 2013

Updated: Oct 18, 2022

Section 380: Documents to be delivered to Registrar by foreign companies

The provisions for Section 380 of the Companies Act 2013 is as follows,

(1) Within thirty days of establishing its place of business in India, every foreign company must send to the Registrar for registration—

  • (a) a certified copy of the company's charter, laws, or memorandum and articles, or any other instrument creating or specifying the company's constitution, and, if the instrument is not in English, a certified English translation thereof;

  • (b) the entire address of the company's registered or primary office;

  • (c) a list of the company's directors and secretary, with such information as may be required - [Rule 3(1) & (2)];

  • (d) the name and address of one or more people residing in India who are authorised to accept service of process and any notifications or other documents necessary to be served on the company on behalf of the firm;

  • (e) the entire address of the company's India office, which is to be considered the company's primary place of business in India;

  • (f) information on the opening and shutting of a business location in India on a previous occasion or occasions;

  • (g) a declaration that none of the company's directors or authorised representative in India has ever been convicted or disqualified from forming or managing corporations in India or overseas; and

[Rule3 (3)] h) any additional information that may be required.

(2) Every foreign company that exists at the time of the commencement of this Act, if it has not delivered to the Registrar the documents and particulars specified in sub-section (1) of section 592 of the Companies Act, 1956, continues to be subject to the obligation to do so in accordance with that Act.

(3) If any change is made or happens in the papers given to the Registrar under this section, the foreign business must send to the Registrar for registration a return including the details of the change in the specified form within thirty days of the change.

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