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DECODING COMPANIES ACT 2013_ CHAPTER-II
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DECODING COMPANIES ACT 2013_ CHAPTER-II

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We have started making comparative analysis of sections of Companies Act 2013 & Companies Act 1956. We will provide you the same along with relevant MCA clarification or circular issued for the particular section.

PFA our note on chapter XII.

Published in: Business

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  • 1. Page 1 of 3 Sections of Companies Act 2013 Date of commenceme nt Corresponding sections of Companies Act 1956 Corresponding provisions of Companies Act , 1956 continue to remain in force (General Circular 7-2014) MCA Clarifications issued relating to applicability of section (if any) Secti on Provisions Section Provisions 3 Formation of company 01.04.2014 7 Mode of Forming incorporated company 4 Memorandum 01.04.2014 13 Requirement w.r.t Memorandum 14 Form of Memorandum 15 Printing and Signature of memorandum 15A Special provision as to alteration of memorandum consequent on alteration of name of State of Madras. 15B Special provision as to alteration of memorandum consequent on alteration of name of State of Mysore.— 20 Companies not to be registered with undesirable names 37 Provision as to companies limited by guarantee Chapter –II INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO
  • 2. Page 2 of 3 5 Articles 01.04.2014 26 Articles prescribing regulations 27 Regulations required in case of unlimited company, company limited by guarantee or private company limited by shares. 28 Adoption and application of Table A in the case of companies limited by shares 29 Form of articles in the case of other companies 30 Form and signature of articles 6 Act to override memorandum, articles, etc. 01.04.2014 9 Act to override memorandum, articles, etc. 7 Incorporation of Company _except sub section(7) 01.04.2014 33 Registration of memorandum and articles 34(1) Effect of registration 35 Conclusiveness of certificate of incorporation 8 Formation of companies with charitable objects, etc .__except sub section (9) 01.04.2014 25 power to dispense with 'Limited' in the name of charitable or other company 9 Effect of registration 01.04.2014 34(2) Effect of registration 10 Effect of memorandum and articles 01.04.2014 36 Effect of memorandum and articles 11 Commencement of business, etc. 01.04.2014 149 Restrictions on commencement of business 12 Registered office of company 01.04.2014 17A Change of registered office within a State 146 Registered office of company 147 Publication of name by company 13 Alteration of memorandum 01.04.2014 16 Alteration of memorandum 17 Special resolution and confirmation by Central Government required for alteration of memorandum 18 Alteration to be registered within three months
  • 3. Page 3 of 3 Thanking You 268, Business India Complex, Uday Park, New Delhi-110049 Call us : +91 9718483209 Mail : info@makbizadvisors.com 19 Effect of failure to register 21 Change of name by company 23 Registration of change of name and effect thereof 14 Alteration of articles_____except 2nd proviso to sub sec. (1) and sub sec. (2). 01.04.2014 31 Alteration of Articles by Special Resolution Proviso to sub - section (1) of section 31 and Sub - section (2A) of section 31 ---- 15 Alteration of memorandum or articles to be noted in every copy 01.04.2014 40 Alteration of memorandum or articles to be noted in every copy 16 Rectification of name of company 01.04.2014 22 Rectification of name of company 17 Copies of memorandum, articles, etc., to be given to members 01.04.2014 39 Copies of memorandum, articles, etc., to be given to members 18 Conversion of companies already registered 01.04.2014 32 Registration of unlimited company as limited, etc. 19 Subsidiary Company not to hold shares in Holding Company 12.09.2013 42 Membership of holding Company 20 Service of documents 01.04.2014 51,52,53 Service of documents 21 Authentication of documents, proceedings and contracts 12.09.2013 54 Authentication of documents and proceedings 22 Execution of bills of exchange, etc. 12.09.2013 47,48 Bills of exchange and promissiory note Kindly note that the entire contents of this document have been developed on the basis of relevant statutory provisions and as per the information existing at the time of preparation i.e. circular issued till 4th April 2014. Though we have made upmost efforts to provide authentic information, however we do not undertake any liability in any way whatsoever, to any person in respect of anything arising by reliance upon the content of this article.