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Notarisation and apostille

Sanjay (Associate) (152 Points)

04 July 2017

Can anyone please tell me whether all Documents executed outside India are to be notarised & appositled in that country. Is there any specefic list of documents or sections under Companies Act, 2013 which states out the list of documents that are to be notarised & appositled.

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Karan Batra (Creator: TheProTalks) (2325 Points)
Replied 04 July 2017

Are you asking for list of socuments required in registeration as a Foreign company, please provide more clarity in your question.

Further if you are asking for list of socuments required in registeration as a Foreign company section 380 of the companies act,2013 shall be applicable as per which:

Every foreign company shall, within thirty days of the establishment of its place of business in India, deliver to the Registrar for registration-

a certified copy of the charter, statutes or memorandum and articles, of the company or other instrument constituting or defining the constitution of the company and, if the instrument is not in the English language, a certified translation thereof in the English language;
the full address of the registered or principal office of the company;
a list of the directors and secretary of the company containing such particulars as may be prescribed;
the name and address or the names and addresses of one or more persons resident in India authorised to accept on behalf of the company service of process and any notices or other documents required to be served on the company;
the full address of the office of the company in India which is deemed to be its principal place of business in India;
particulars of opening and closing of a place of business in India on earlier occasion or occasions;
declaration that none of the directors of the company or the authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad; and
any other information as may be prescribed.

Sanjay (Associate) (152 Points)
Replied 05 July 2017

Jello Sir, my query is how to identify which documents are to be notarized and apostilles. I understand that in Companies incorporation rules and foreign company it's specified but what are other documents or sections which covers list of documents needed to be notarized and apostilled..

Manoranjan (ACS) (30 Points)
Replied 21 August 2017

All the documents executed outside india shall be dully notarised and apostiled to bear legal validity in india. If the documents are not in english language then they must be accompanied with an english translation of the Same.

There are no such list of documents provided in Comapnies Act. The simple concept is that All the documents executed outside india shall be dully notarised and apostiled to bear legal validity in india. In fact the concept of notarisation and apostilisation has been derived from Hauge Convention. you can search it in google.