Chapter 2

Section 12 of Companies Act, 2013 – Registered Office of Company

SECTION 12. REGISTERED OFFICE OF COMPANY [Effective from 1st April, 2014] (1) A company shall, [9] [within thirty days of its incorporation] and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it. [5] [Provided that a Specified IFSC private company shall have… Read More

Section 10A of Companies Act, 2013 – Commencement of Business, etc

SECTION 10A COMMENCEMENT OF BUSINESS, ETC. (Effective from 2nd November, 2018) [(1) A company incorporated after the commencement of the Companies (Amendment) Ordinance, 2018 and having a share capital shall not commence any business or exercise any borrowing powers unless— (a) a declaration is filed by a director within a period of one hundred and… Read More

Section 10 of Companies Act, 2013 – Effect of Memorandum and Articles

SECTION 10. EFFECT OF MEMORANDUM AND ARTICLES [Effective from 1st April, 2014] (1) Subject to the provisions of this Act, the memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been signed by the company and by each member, and contained covenants… Read More

Section 9 of Companies Act, 2013 – Effect of Registration

SECTION 9. EFFECT OF REGISTRATION [Effective from 1st April, 2014] From the date of incorporation mentioned in the certificate of incorporation, such subscribers to the memorandum and all other persons, as may, from time to time, become members of the company, shall be a body corporate by the name contained in the memorandum, capable of… Read More

Section 8 of Companies Act, 2013 – Formation of Companies with Charitable Objects, etc.

SECTION 8. FORMATION OF COMPANIES WITH CHARITABLE OBJECTS, ETC. [Effective from 1st April, 2014 except sub-section (9), sub-section (9) effective from 15th December, 2016 ] (1) Where it is proved to the satisfaction of the [Central Government][1] that a person or an association of persons proposed to be registered under this Act as a limited company—… Read More

Section 7 of Companies Act, 2013 – Incorporation of Company

SECTION 7. INCORPORATION OF COMPANY [Effective from 1st April, 2014 , sub-section (7) except clause (c) & (d) effective from 1st June, 2016, clause (c) & (d) of sub-section (7) effective from 15th December, 2016 ] (1) There shall be filed with the Registrar within whose jurisdiction the registered office of a company is proposed to be… Read More

Section 6 of Companies Act, 2013 – Act to over-ride memorandum, articles, etc.

SECTION 6. ACT TO OVER-RIDE MEMORANDUM, ARTICLES, ETC. [Effective from 1st April, 2014] Save as otherwise expressly provided in this Act— (a) the provisions of this Act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a company, or in any agreement executed by it, or in any resolution… Read More

Section 5 of Companies Act, 2013 – Articles

SECTION 5. ARTICLES [Effective from 1st April, 2014] (1) The articles of a company shall contain the regulations for management of the company. (2) The articles shall also contain such matters, as may be prescribed: Provided that nothing prescribed in this sub-section shall be deemed to prevent a company from including such additional matters in… Read More

Section 4 of Companies Act, 2013 – Memorandum

SECTION 4. MEMORANDUM [Effective from 1st April, 2014] (1) The memorandum of a company shall state— (a) the name of the company with the last word "Limited” in the case of a public limited company, or the last words "Private Limited” in the case of a private limited company: EXEMPTIONS In case of a Government… Read More

Section 3 of Companies Act, 2013 – Formation of Company

SECTION 3. FORMATION OF COMPANY [Effective from 1st April, 2014] (1) A company may be formed for any lawful purpose by— (a) seven or more persons, where the company to be formed is to be a public company; (b) two or more persons, where the company to be formed is to be a private company;… Read More

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