Attaching a
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.
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
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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.