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Start Free TrialCompanies Act, 1956 Part 2
Title: Incorporation of Company and Matters Incidental Thereto
State: Central
Year: 1956
.....and again Substituted by Act 5 of 1997, Section 3 (w.e.f. 1-3-1997). 2. Substituted for "Company Law Board" by Companies (Second Amendment) Act, 2002. 3. Inserted by Act 65 of 1960, Section 7 (w.e.f. 28-12-1960). Section 19 - Effect of failure to register (1) No such alteration as is referred to in section 17 shall have any effect until it has been duly registered in accordance with the provisions of section 18. 1[(2) If the documents, required to be filed with the Registrar under section 18 are not filed within the time allowed under that section, such alteration and the order of the2[Central Government] made under sub-section (5) of section 17 and all proceedings connected therewith shall, at the expiry of such period, become void and inoperative: Provided that the2[Central Government] may, on sufficient cause shown, revive the order on application made within a further period of one month.] _____________________ 1. Substituted by Act 65 of 1960, Section 8, for sub-section (2) (w.e.f. 28-12-1960). 2. Substituted for "Company Law Board" by Companies (Second Amendmet) Act, 2002. Section 20 TO 25 - Provision with respect to names of companies Section.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Part 9
Title: Companies Authorised to Register Under This Act
State: Central
Year: 1956
.....to those Acts or either of them; and (b) any company formed after the date aforesaid, whether before or after the commencement of this Act, in pursuance of any Act of Parliament other than this Act or of any other Indian law (including a law in force in a Part B State), or of any Act of Parliament of the United Kingdom or Letters Patent in force in India, or being otherwise duly constituted according to law, and consisting of seven or more me mbers; may at any time register under this Act as an unlimited company, or as a company limited by shares, or as a company limited by guarantee; and the registration shall not be invalid by reason only that it has taken place with a view to the company's being wound up: Provided that- (i) a company registered under the Indian Companies Act, 1882 ( 6 of 1882 ), or under the Indian Companies Act, 1913 ( 7 of 1913 ), shall not register in pursuance of this section; (ii) a company having the liability of its me mbers limited by any Act of Parliament other than this Act or by any other Indian law (including a law in force in a Part B State), or by any Act of Parliament of the United Kingdom or Letters Patent in force in.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Chapter 2
Title: Incorporation of Producer Companies and Other Matters
State: Central
Year: 1956
.....thereof, and the Producer Company shall not, under any circumstance, whatsoever, become or be deemed to become a public limited company under this Act. Section 581D - Membership and voting rights of Members of Producer Company (1) (a) In a case where the membership consists solely of individual members, the voting rights shall be based on a single vote for every Member, irrespective of his shareholding or patronage of the Producer Company. (b) In a case where the membership consists of Producer institutions only, the voting rights of such Producer institutions shall be determined on the basis of their participation in the business of the Producer Company in the previous year, as may be specified by articles: Provided that during the first year of registration of a Producer Company, the voting rights shall be determined on the basis of the shareholding by such Producer institutions. (c) In a case where the membership consists of individuals and Producer institutions, the voting rights shall be computed on the basis of a single vote for every Member. (2) The articles of any Producer Company may provide for the conditions, subject to which a Member may continue to.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Chapter 12
Title: Reconversion of Producer Company to Inter-state Co-operative Society
State: Central
Year: 1956
.....Act, 1913 (7 of 1913), or in any Act repeated by that Act shall be read as references to the corresponding provision, if any, contained in this Act. COMPANIES ACT, 1956Part 11 - COMPANIES INCORPORATED OUTSIDE INDIA Section 591 to 602 - Provisions as to establishment of places of business in India Section 591 - Application of sections 592 to 602 to foreign companies 1 [(1)] Sections 592 to 602, both inclusive, shall apply to all foreign companies, that is to say, companies falling under the following two classes, namely:- (a) companies incorporated outside India which, after the commencement of this Act, establish a place of business within India; and (b) companies incorporated outside India which have, before the commencement of this Act, established a place of business within India and continue to have an established place of business within India at the commencement of this Act. 2 [(2) Notwithstanding anything contained in sub-section (1), where not less than fifty per cent of the paid up share capital (whether equity or preference or partly equity and partly preference) of a company incorporated outside India and having an established place of business in.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Part 11
Title: Companies Incorporated Outside India
State: Central
Year: 1956
.....etc. Any failure by a foreign company to comply with any of the foregoing provisions of this Part shall not affect the validity of any contract, dealing or transaction entered into by the company or its liability to be sued in respect thereof; but the company shall not be entitled to bring any suit, claim any set-off, make any counter-claim or institute any legal proceeding in respect of any such contract, dealing or transaction, until it has complied with the provisions of this Part. Section 600 - Registration of charges, appointment of receiver and books of account (1) The provisions of Part V (sections 124 to 145); shall apply mutatis mutandis to-- (a) charges on properties in India which are created by a foreign company after the 15th day of January, 1937; and (b) charges on property in India which is acquired by any foreign company after the day aforesaid: Provided that where a charge is created, or the completion of the acquisition of the property takes place, outside India, sub-section (5) of section 125 and the proviso to sub-section (1) of section 127 shall have effect as if the property, wherever situated, were situated outside India. (2) The.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Amending Act 4
Title: Companies (Second Amendment) Act, 2002
State: Central
Year: 1956
THE COMPANIES (SECOND AMENDMENT) ACT, 2002 [Act, No. 11 of 2003] [13th January 2003] PREAMBLE An Act further to amend the Companies Act, 1956. BE it enacted by Parliament in the Fifty-Third Year of the Republic of India as follows:-- Section1. Short title and commencement (1) This Act may be called the Companies (Second Amendment) Act, 2002. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. Section2. Amendment of section 2 In section 2 of the Companies Act, 1956 (1 of 1956) (hereinafter referred to as the principal Act),-- (a) after clause (1a), the following clause shall be inserted, namely:-- '(1B) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under sub-section (1) of section 10FR;'; (b) after clause (19A), the following clauses shall be inserted, namely:-- '(19AA) "industrial company" means a company which owns one.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Complete Act
Title: Companies Act, 1956
State: Central
Year: 1956
.....to winding up Section644 - Repeal of Acts specified in Schedule XII Section645 - Saving of orders, rules, etc., in force at commencement of Act Section646 - Saving of operation of section 138 of Act 7 of 1913 Section647 - Saving of pending proceedings for winding up Section647A - Transfer of winding up proceedings to Tribunal Section648 - Saving of prosecutions instituted by liquidator or court under section 237 of Act 7 of 1913 Section649 - Construction of references to former enactments in documents Section650 - Construction of "registrar of joint stock companies" in Act 21 of 1860 [Repealed] Section651 - Construction of references to extraordinary resolution in articles, etc. Section651A - Reference of winding up of companies in other laws Section652 - Appointment under previous companies laws to have effect as if made under Act Section653 - Former registration offices continued Section654 - Registers under previous companies laws to be deemed to be part of registers under Act Section655 - Funds and accounts under Act to be in continuation of funds and accounts under previous companies law Section656 - Saving of incorporation under repealed Acts .....
List Judgments citing this sectionCompanies Act, 2013, Complete Act
Title: the Companies Act, 2013
State: Central
Year: 2013
.....II - INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO Section 3 - Formation of company Section 4 - Memorandum Section 5 - Articles Section 6 - Act to override memorandum, articles, etc. Section 7 - Incorporation of company Section 8 - Formation of companies with charitable objects, etc. Section 9 - Effect of registration Section 10 - Effect of memorandum and articles Section 11 - Commencement of business, etc. Section 12 - Registered office of company Section 13 - Alteration of memorandum Section 14 - Alteration of articles Section 15 - Alteration of memorandum or articles to be noted in every copy Section 16 - Rectification of name of company Section 17 - Copies of memorandum, articles, etc., to be given to members Section 18 - Conversion of companies already registered Section 19 - Subsidiary company not to hold shares in its holding company Section 20 - Service of documents Section 21 - Authentication of documents, proceedings and contracts Section 22 - Execution of bills of exchange, etc. Chapter III - PROSPECTUS AND ALLOTMENT OF SECURITIES Part I - PUBLIC OFFER Section 23 - Public offer and private placement Section 24 - Power of.....
List Judgments citing this sectionBirds & Company Limited Acquistion & Transfer of Undertakings & Other Properties Act, 1980 Chapter II
Title: Acquisition and Transfer of the Undertaking of the Company and of Shares Held by the Company in the Specified Companies
State: Central
Year: 1980
.....all assets, rights, lease-holds, powers, authorities and privileges, and all property, movable and immovable, including land, buildings, offices, factories, workshops, stores, instruments, plants, machinery and equipment, cash balances, cash on hand, reserve funds, investments, books, book debts, and all other rights, and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the Company whether within or outside India, and all books of account, registers and all other documents of whatever nature relating thereto, (2) All properties as aforesaid which have vested in the Central Government under section 3 or section 4, shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting them, and any attachment, injunction, decree or order of any court, or other authority restricting the use of such properties or assets in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. (3) Every mortgagee of any property which has vested under.....
View Complete Act List Judgments citing this sectionHooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Chapter II
Title: Acquisition and Transfer of Aluminium Undertaking of the Company
State: Central
Year: 1984
.....Government company (1) Notwithstanding anything contained in section 3 and 4, where the undertakings of the Company have been directed, under sub-section (1) of section 5, to vest in an existing Government company, the Central Government may, if it is satisfied that a new Government company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, declare, by notification, that the undertakings of the Company be transferred to that new Government company; and on the issue of such declaration, the right, title and interest of the Company in relation to its undertakings, which had been directed under sub-section (1) of section 5 to vest in an existing Government company, shall, instead of continuing to vest in that existing Government company, vest in that new Government company with effect from the date on which such declaration is made. (2) Where the right, title and interest of the existing Government company in relation to the undertakings of the Company vest under sub-section (1) in a new Government company, that new Government company shall, on and from the date of such vesting, be deemed to have become the owner in.....
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