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TypeBare Act JurisdictionCentral Government

Companies Act, 1956 Section 323

Special Resolution of Limited Company Making Liability of Directors, Etc., Unlimited

~1 min read
https://sooperkanoon.com/act/11275

Bare act section · Research

About this section

Companies Act, 1956 Section 323 is part of Companies Act, 1956 - Special Resolution of Limited Company Making Liability of Directors, Etc., Unlimited. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) A limited company may, if so authorised by its articles, by special resolution, alter its memorandum so as to render unlimited the liability of its directors or of any director1[***] or manager.

(2) Upon the passing of any such special resolution, the provisions thereof shall be as valid as if they had been originally contained in the memorandum:

Provided that no alteration of the memorandum making the liability of any of the officers referred to in sub-section (1) unlimited shall apply to such officer, if he was holding the office from before the date of the alteration, until the expiry of his then term, unless he has accorded his consent to his liability becoming unlimited.

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1 . The words "or of its managing agent, secretaries and treasurers" omitted by Act 53 of 2000, Section 157 (w.e.f. 13-12-2000).

Frequently asked questions

What does Companies Act, 1956 Section 323 provide?

Section Section 323 of the Companies Act, 1956 (Special Resolution of Limited Company Making Liability of Directors, Etc., Unlimited) is reproduced on this page as part of the Companies Act, 1956. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Companies Act, 1956 Section 323?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Companies Act, 1956 Section 323. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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