The registered office of the company will be situated in the state of uttar pradesh. Laws of brunei chapter 39 companies act enactment no. The association or this association means consulting electrical engineers association of maharashtra. Section 268 this section is of the companies act, 1956.
The companies act, 20 company limited by shares articles of association of bharti infratel limited preliminary interpretation the regulations contained in table f in schedule i of the companies act, 20 shall not apply to the company, except in so far as the same are repeated or contained in these articles. Main provisions of companies act 1956 presented by. Amendment of articles relating to managing, wholetime director and nonrotational directors requires central governments approval. Name of the company is sjvn limited1 registered office ii. Company incorporation under the indian companies act, 1956. R 507 e dated 24061985 vide srn b14076947 dated 16062011 the name of the said company is this. Aug 24, 2009 as per proviso to section 253 of the companies act, 1956, inserted by the companies amendment act, 2006, w. Under section 228 of the companies act, 1956 the memorandum means the memorandum of association of the company as originally framed or as altered from time to time in pursuance with any of the previous companies law or the companies act, 1956. Application of table f the regulations contained in table f of the first schedule and the applicable provisions of companies act, 20 as applicable to a public limited company. The pvt concern that are limited by shares and those limited by guarantee and unlimited companies must have their articles of association.
By subhashree sahu meaning and definition of a company section 31i of the companies act, 1956 defines a company as. Limited having duly passed the necessary resolution in terms of section 21 of the companies act, 1956 and the approval of the central government signified in writing having been accorded thereto under section 21 of the companies act, 1956, read with government of india, department of company affairs, new delhi, notification no. Certificate of registration of the order of court confirming transfer of the registered office from one state to another no. Thus, it is to be remembered that even though there is the use of the words such as preparation of articles while getting a company incorporated, it only means an adoption of the model articles as provided by the act with a few modifications as the. Jul 26, 2018 memorandum of association is defined in section 2 56 while the articles of association is defined in section 2 5 of the indian companies act 1956. Group 1 aarti singh, azhar hussain, jyoti nawlani, nemchand meena, renuka sharma companies act. In case of public limited company when the articles of association is silent then table a is applicable. As per section 25 of the companies act,20 articles means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this act. This section corresponds to sections 17 and 21 of the companies act, 1956 and section 114 of the indian companies act, 19 and section 181 of the english companies act, 1948.
Articles means articles of association of the company as originally framed or altered from time to time articles. The memorandum of association of a company shall be in such one of the forms in tables b, c, d and e in schedule i to the companies act, 1956. Memorandum and articles of association of tata communications. Each limited liability company must have articles of association. Aug 31, 2017 articles of association in hindi as per ica 20. Promotion and formation of a company registration of the.
Companies act the companies act is a successor to the indian companies act of 19 and is a consolidation of many successive amendment acts, statutory rules and principles laid down in decisions of. Default in complying with requirements as to private companies 28. Mode in which and extent to which objects of company may be altered articles of association 9. The companies act, 20 and the companies act, 1956 incorporated under the companies act, 1956 article of association of telecommunications consultants india limited the following regulations comprised in these articles of association were adopted pursuant to. Nov 21, 2014 table a is the name given to the prescribed format for articles of association of a company limited by shares under the companies act 1985 and earlier legislation.
Format of memorandum of association moa according to section 4 of the companies act, 20, companies must draw the moa in the form given in tables ae in schedule i of the act. Oct 16, 2012 list of schedules under companies act 1956. Charge from public to private and from private to public company 27. The act means the companies act, 20 and the applicable provisions of the thecompanies act, 1956 and includes any statutory modification or reenactment thereof for the time being in force. The regulations contained in table a in the first schedule of the companies act, 1956, shall not apply to this company except in so far as expressly incorporated herein. If the document contains anything contrary to the companies act or the memorandum of association, it will be inoperative. The study material is based on those sections of the companies act, 20 and the rules made there under which have been notified by the government of india and came into force w. The articles have to be submitted to the registrar of companies during formation of a company in form inc34 along with the memorandum of association in form inc33. Apply to the jurisdictional registrar of companies to ascertain the availability of name in form 1a along with mentioned fee. However, a company is free to incorporate under different articles of association, or to amend its articles of association at any time by a special resolution of its shareholders. What is the content for the articles of association ipleaders. A company is defined as, a company formed and registered under this act or an existing company. The articles of association of most companies incorporated prior to 1 october 2009 particularly small companies are table a, or closely derived from it. April 01, 2014 including amendmentsclarificationscirculars issued there.
The name of the company is gmr enterprises private limited ii. It is mandatory to mention the name of the company while drafting the memorandum of association. Table a is the name given to the prescribed format for articles of association of a company limited by shares under the companies act 1985 and earlier legislation. Memorandum of association is defined in section 2 56 while the articles of association is defined in section 2 5 of the indian companies act 1956. Contents and manner of service of notice and persons on whom it is to be served. Bhaba committee also recommended to permit partnership firms though not a legal. Articles of the institute in so far as they are not repugnant to the regulations contained in table c in the first schedule of the companies act, 1956 read with the conditions contained in the licence under section 25 of the companies act, 1956. The share capital of the company can be altered at the general. While the memorandum deals with the external affairs of a company, the articles essentially deal with the internal working of a company. Section 77 and also as per the articles of association qualification of shares in accordance with section 270 of the companies act, 1956 is applicable. Bench, made under companies act, 1956 andor 20, as may be applicable in the. The contents of articles of association should not contradict with the companies act and the moa.
The entire contents of this document have been prepared on the basis of. The articles regulate the internal management of the company. The default articles of association under the companies act 1985 that automatically applied to any company that did not adopt its own articles on incorporation before 1 october 2009. Aug 08, 2017 the articles of association aoa or the articles, contain rules for the internal management of a company. Declaration of companies of companies act 1956, form no.
It has been made effective from 142014 vide notification no. Under the companies act, 20 company limited by shares incorporated under the companies act, 1956 articles of association of aurobindo pharma limited preliminary 1. This section corresponds to section 31 of the companies act, 1956, section 20 of the indian companies act, 19, section 10 of the english companies act, 1948 and section 9 of the english companies act, 1985. The articles of association must be complied with in the same manner as the limited liability companies act. The giant indian companies may include the names like reliance, talco bajaj auto, infosys technologies, hindustan lever ltd. Procedures for incorporation and registration of companies. Section 25 of companies act, 1956 was introduced for such companies based on english companies act 1948. An act to consolidate and amend the law relating to companies and certain other associations. Memorandum and articles of association of hero motocorp ltd. According to section 22 of the companies act, 1956 articles means the articles of association of a company as originally framed or as altered from time to time in pursuance of any previous companies laws or of the present act, i.
When such an association of persons is registered under the companies act, it becomes an artificial person with perpetual succession and common seal. Formation of companies under companies act, 1956 select in order of preference a few suitable names, not less than four, ensuring that the name does not resemble the name of an existing company. I hereby certify that the tata chemicals limited which was incorporated under the indian companies act, 19, on the twentythird day of january 1939, and which has this day filed a duly verified declaration in the. Articles of association meaning contents alteration of aoa. Firm, body corporate or association not to be appointed as inspector. The companies act, 1956 memorandum of association of the. Table b memorandum of association of a company limited by shares.
Application for winding up of company or an order under section 397 or 398. Model articles of association for limited companies gov. Incorporated under the companies act, 1956 articles of association of ikf finance limited. The registered office of the company will be situated in. Omission of berhad in name of charitable and other companies 25. The act means the companies act, 1956 or any statutory modifications or reenactment thereof for the time being in force.
Existing company means a company formed and registered under any of the earlier company laws. Most private companies incorporated before 1 october 2009 adopted articles in the form of table a with perhaps minor alterations. No company can be registered under the companies act, 1956 without the memorandum of association. Be it enacted by parliament in the sixth year of the republic of india as follows 1. Schedules under companies act 1956 corporate law forum. The companies act, 20 provides for the model articles for a company under section 5. Company related terms term description articles articles of association unless the context otherwise requires, requires, refers to the articles of association of blueblood. The companies act of 1956 came into force from 1st april, 1956 and was largely based on the english companies act of 1948. The pvt concern that are limited by shares and those limited by guarantee and unlimited companies must have their articles of.
The companies act, 1956 company limited by shares articles of association of icds securities limited this articles of association were adopted in substitution for and to the entire exclusion of earlier articles of association at the annual general meeting of the members of the company held on tuesday, the 20 th day of september, 2011. Articles of association meaning contents alteration. Process of alteration in article of association of company. The regulations contained in table f in the first schedule to the companies act, 20 shall not apply to this company, but the regulations for the.
Memorandum of association is subsidiary to the companies act, whereas articles of association is subsidiary to both memorandum of association as well as the act. It is a legal document prepared by a company to explicitly state the purpose of a company, the procedure to conduct its internal affairs and most importantly the responsibility and authority of the directors, members and other stakeholder. Pursuant to section 103 2 of the indian companies act, 19. Form and contents of an memorandum of association moa. Memorandum and articles of association of a company limited by guarantee and not having. Registrar of companies, bombay section 183 of companies act 1956.
The memorandum of every company shall contain the following clauses. They are the companys internal regulations, which bind the company, its administrative bodies, management and auditors. The objects for which the company is established are. Difference between memorandum of association and articles of. Public companies may not have their articles but may adopt model articles given in table a of schedule i of companies act, 1956. The authorised capital of the company shall be as per capital clause of the memorandum of association of the company and shall have minimum paid up capital of inr 1 lac. Particulars of directors, manager or secretary form no. Process of alteration in memorandum of association of company. The companies act, 1956 company limited by shares memorandum of association of sjvn limited formerly satluj jal vidyut nigam limited a joint venture of govt, of india and govt. Classification on the basis of number of members private company a private company means a company which has a minimum paid up capital of rs.
Table e relates to memorandum and articles of association of an unlimited company. Form for the memorandum of association of a company limited by shares. Difference between memorandum of association and articles. Claris lifesciences limited incorporated under the companies act, 1956 the following regulations comprised in these articles of association were adopted pursuant to the special. A company may select any name that it prefers but it should not. The contents of the articles of association vary according to the nature of the business of the company. Regulations required in case of unlimited company or company limited by guarantee 11. The regulations contained in table f in schedul e i to the companies act, 20. Under section 4 of the companies act 20, a memorandum of association should comprise of the following clauses as discussed below.
What is the content for the articles of association. Companies act, 1956 shall mean the companies act, 1956 act i of 1956, to the extent that. Under companies act, 1956, it was not mandatory for a public company limited by shares to have its articles, as it could adopt the entire table a of its articles. Company formation under the companies act of 1956 mba. Part i interpretation interpretation 21in this act, a articles means the articles of association of a company, as originally framed or as altered by special resolution, and includes, so far as they apply to the company, the regulations made.
Clause 16b of the articles of association is inserted as per special resolution passed at the sixth. Memorandum of association and contents of memorandum. Order dated 18 32006 and inspite of knowing the contents of the said letter dated. The regulations for the management of the company and for the observance of the members. Memorandum and articles of association of infosys limited. The registered office of the company shall be situated in the state of tamil nadu1. The alteration must not be inconsistent with an order of the court under sections 397 or 398 and 404 of the companies act, 1956. Notice of situation of registered office of the company form no. Notwithstanding anything contained in these articles but subject to the provisions. Draft articles of association with proposed amendments sun pharma. The articles of association of the company should authorize the buyback.