Chapter 21

Form URC-2 of Companies Act, 2013 – Advertisement giving notice about registration under Part I of Chapter XXI

Advertisement giving notice about registration under Part I of Chapter XXI Pursuant to section 374(b) of the companies Act, 2013 and rule 4(1) of the companies (Authorised to Register) Rules, 2014 Read More

Section 376 of Companies Act, 2013 – Power to wind up foreign companies although dissolved

SECTION 376. POWER TO WIND UP FOREIGN COMPANIES, ALTHOUGH DISSOLVED [Effective from 15th December, 2016] Where a body corporate incorporated outside India which has been carrying on business in India, ceases to carry on business in India, it may be wound up as an unregistered company under this Part, notwithstanding that the body corporate has… Read More

Section 377 of Companies Act, 2013 – Provisions of Chapter cumulative

SECTION 377. PROVISIONS OF CHAPTER CUMULATIVE [Effective from 15th December, 2016] (1) The provisions of this Part, with respect to unregistered companies shall be in addition to and not in derogation of, any provisions hereinbefore in this Act contained with respect to the winding up of companies by the Tribunal. (2) The Tribunal or Official… Read More

Section 378 of Companies Act, 2013 – Saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases

SECTION 378. SAVING AND CONSTRUCTION OF ENACTMENTS CONFERRING POWER TO WIND UP PARTNERSHIP FIRM, ASSOCIATION OR COMPANY, ETC., IN CERTAIN CASES [Effective from 15th December, 2016] Nothing in this Part, shall affect the operation of any enactment which provides for any partnership firm, limited liability partnership or society or co-operative society, association or company being wound up,… Read More

Section 375 of Companies Act, 2013 – Winding up of unregistered companies

SECTION 375. WINDING UP OF UNREGISTERED COMPANIES [Effective from 15th December, 2016] (1) Subject to the provisions of this Part, any unregistered company may be wound up under this Act, in such manner as may be prescribed, and all the provisions of this Act, with respect to winding up shall apply to an unregistered company,… Read More

Section 374 of Companies Act, 2013 – Obligation of Companies registering under this Part

SECTION 374. OBLIGATIONS OF COMPANIES REGISTERING UNDER THIS PART [Effective from 1st April, 2014] Every company which is seeking registration under this Part shall,— (a)   ensure that secured creditors of the company, prior to its registration under this Part, have either consented to or have given their no objection to company's registration under this Part;… Read More

Section 373 of Companies Act, 2013 – Suits stayed on winding up order

SECTION 373. SUITS STAYED ON WINDING UP ORDER [Effective from 15th December, 2016] Where an order has been made for winding up, or a provisional liquidator has been appointed for, a company registered in pursuance of this Part, no suit or other legal proceeding shall be proceeded with or commenced against the company or any… Read More

Section 372 of Companies Act, 2013 – Power of Court to stay or restrain proceedings

SECTION 372. POWER OF COURT TO STAY OR RESTRAIN PROCEEDINGS [Effective from 15th December, 2016] The provisions of this Act with respect to staying and restraining suits and other legal proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding up order,… Read More

Section 371 of Companies Act, 2013 – Effect of registration under this Part

SECTION 371. EFFECT OF REGISTRATION UNDER THIS PART [Effective from 1st April, 2014] (1) When a company is registered in pursuance of this Part, sub-sections (2) to (7) shall apply. (2) All provisions contained in any Act of Parliament or any other law for the time being in force, or other instrument constituting or regulating… Read More

Section 370 of Companies Act, 2013 – Continuation of pending legal proceedings

SECTION 370. CONTINUATION OF PENDING LEGAL PROCEEDINGS [Effective from 1st April, 2014, proviso effective from 15th December, 2016] All suits and other legal proceedings taken by or against the company, or any public officer or member thereof, which are pending at the time of the registration of a company in pursuance of this Part, may… Read More

Section 369 of Companies Act, 2013 – Saving of existing liabilities

SECTION 369. SAVING OF EXISTING LIABILITIES [Effective from 1st April, 2014] The registration of a company in pursuance of this Part shall not affect its rights or liabilities in respect of any debt or obligation incurred, or any contract entered into, by, to, with, or on behalf of, the company before registration.   Read More

Section 368 of Companies Act, 2013 – Vesting of property on registration

SECTION 368. VESTING OF PROPERTY ON REGISTRATION [Effective from 1st April, 2014] All property, movable and immovable (including actionable claims), belonging to or vested in a company at the date of its registration in pursuance of this Part, shall, on such registration, pass to and vest in the company as incorporated under this Act for… Read More

Section 367 of Companies Act, 2013 – Certificate of registration of existing companies

SECTION 367. CERTIFICATE OF REGISTRATION OF EXISTING COMPANIES [Effective from 1st April, 2014] On compliance with the requirements of this Chapter with respect to registration, and on payment of such fees, if any, as are payable under section 403, the Registrar shall certify under his hand that the company applying for registration is incorporated as… Read More

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