COMPANIES ACT, 1913




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Section
 Section Title
  INTRODUCTION
  PART 1: PRELIMINARY View Judgements
  1 Short title, commencement and extent View Judgements
  2 Definitions View Judgements
  2A Provisions as to companies registered in Burma or Aden before separation from India View Judgements
  3 Jurisdiction of the Courts View Judgements
  PART 2: CONSTITUTION AND INCORPORATION View Judgements
  4 Prohibition partnerships exceeding certain number View Judgements
  5 Mode of forming incorporated Company View Judgements
  6 Memorandum of company limited by shares View Judgements
  7 Memorandum of company limited by guarantee View Judgements
  8 Memorandum of unlimited company View Judgements
  9 Printing and signature of memorandum View Judgements
  10 Restriction on alteration of memorandum View Judgements
  11 Name of company and change of name View Judgements
  12 Alteration of Memorandum View Judgements
  13 Power of Court when confirming alteration View Judgements
  14 Exercise of discretion by Court View Judgements
  15 Procedure on confirmation of the alteration View Judgements
  16 Effect of failure to register within three months View Judgements
  17 Registration of articles View Judgements
  18 Application of Table A View Judgements
  19 Form and signature of articles View Judgements
  20 Alteration of articles by special resolution View Judgements
  20A Effect of alteration in memorandum or articles View Judgements
  21 Effect of memorandum and articles View Judgements
  22 Registration of memorandum and articles View Judgements
  23 Effect of registration View Judgements
  24 Conclusiveness of certificate of incorporation View Judgements
  25 Copies of memorandum and articles to be given to member View Judgements
  25A Alteration of memorandum or articles to be noted in every copy: View Judgements
  26 Power to dispense with “Limited” in name of charitable and other companies: View Judgements
  27 Provision as to companies limited by guarantee View Judgements
  28 No title View Judgements
  29 No title View Judgements
  30 Definition of “member" View Judgements
  31 Register of members View Judgements
  31A Index of members of company View Judgements
  32 Annual list of members and summary View Judgements
  33 Trusts not to be entered on register View Judgements
  34 Transfer of shares View Judgements
  35 Transfer by legal representative View Judgements
  36 Inspection of register of members View Judgements
  37 Power to close register View Judgements
  38 Power of Court to rectify register View Judgements
  39 Notice to registrar of rectification of register View Judgements
  40 Register to be evidence View Judgements
  41 Power for company to keep branch register in the United Kingdom: View Judgements
  42 Regulations as to British register View Judgements
  42A Application of sections 41 and 42 to Burma View Judgements
  43 Issue of warrants to bearer, ales View Judgements
  44 Effect of share-warrant View Judgements
  45 Registration of name of bearer of share-warrant View Judgements
  46 Position of bearer of share-warrant View Judgements
  47 Entries in register when share-warrant issued View Judgements
  48 Surrender of share-warrant View Judgements
  49 Power of company to arrange for different amounts being paid on shares View Judgements
  50 Power of company limited by shares to alter its share capital View Judgements
  51 Notice to registrar of consolidation of share capital, conversion of shares into stock, etc View Judgements
  52 Effect of conversion of shares into stock View Judgements
  53 Notice of increase of share capital or of members View Judgements
  54 [Re-organisation of share capital] View Judgements
  54A Restrictions on purchase by company or loans by company of its own shares View Judgements
  55 Reduction of share capital View Judgements
  56 Application to Court for confirming order View Judgements
  57 Addition to name of company of “and reduced" View Judgements
  58 Objections by creditors and settlement of list of objecting creditors View Judgements
  59 Power to dispense with consent of creditor on security being given for his debt View Judgements
  60 Order confirming reduction View Judgements
  61 Registration of order and minute of reduction View Judgements
  62 Minute to farm part of memorandum View Judgements
  63 Liability of members in respect of reduced shares View Judgements
  64 Penalty on concealment of name of creditor View Judgements
  65 Publication of reasons for reduction View Judgements
  66 Increase and reduction of share capital in case of a company limited by guarantee having a share capital View Judgements
  66A Rights of holders of special classes of shares View Judgements
  67 Registration of unlimited company as limited View Judgements
  68 Power of unlimited company to provide for reserve share capital on re-registration View Judgements
  69 Reserve liability of limited company View Judgements
  70 Limited company may have directors with unlimited liability View Judgements
  71 Special resolution of limited company making liability of directions unlimited View Judgements
  PART 4: MANAGEMENT AND ADMINISTRATION View Judgements
  72 Registered office of company View Judgements
  73 Publication of name by a limited company View Judgements
  74 Penalties for non-publication of name View Judgements
  75 Publication of authorized as well as subscribed and paid-up-capital View Judgements
  76 Annual general meeting View Judgements
  77 Statutory meeting of company View Judgements
  78 Calling of extraordinary general meeting on requisition View Judgements
  79 Provisions as to meetings and votes View Judgements
  80 Representation of companies at meetings of other companies of which they are members View Judgements
  81 Extraordinary and special resolutions View Judgements
  82 Registration and copies of special and extraordinary resolutions View Judgements
  83 Minutes of proceedings of general meetings and of its directors View Judgements
  83A Directors obligatory View Judgements
  83B Appointment of directors View Judgements
  84 Restrictions on appointment or advertisement of director View Judgements
  85 Qualification of director View Judgements
  86 Validity of acts of directors View Judgements
  86A Ineligibility of bankrupt to act as director View Judgements
  86B Assignment of office by directors View Judgements
  86C Avoidance of provisions relieving liability of directors View Judgements
  86D Loans to directors View Judgements
  86E Director not to hold office of profit View Judgements
  86F Sanction of directors necessary for certain contracts View Judgements
  86G Removal of directors View Judgements
  86H Restrictions on powers of directors View Judgements
  86-I Vacation of Office of Director View Judgements
  87 Register of directors, managers, and managing agents View Judgements
  87A Duration of appointment of managing agent View Judgements
  87B Conditions applicable to managing agents View Judgements
  87C Remuneration of managing agent View Judgements
  87D Loans to managing agents View Judgements
  87E Loans to or by companies under the same management View Judgements
  87F Purchase by company of shares of company under same managing agent View Judgements
  87G Restriction on managing agent’s power of management View Judgements
  87H Managing agent business competing with the business of managed company View Judgements
  87-I Limit on number of directors appointed by managing agent: View Judgements
  88 Form of contracts View Judgements
  89 Bills of exchange and promissory notes View Judgements
  90 Execution of deeds View Judgements
  91 Power for company to have official seal for use abroad View Judgements
  91A Disclosure of interest by director View Judgements
  91B Prohibition of voting by interested director View Judgements
  91C Disclosure to members in case of contact appointing a manager View Judgements
  91D Contracts by agents of company in which company is undisclosed principal View Judgements
  92 Filing of prospectus View Judgements
  93 Specific requirements as to particulars of prospectus View Judgements
  94 Meaning of “vendor” in section 93 View Judgements
  95 Application of section 93 to the case of property taken on lease: View Judgements
  96 Invalidity of certain conditions as to waiver or notice View Judgements
  97 If any person acts in contravention of the provisions of this sub-section, no shall be liable to a fine not exceeding five hundred rupees View Judgements
  98 No title View Judgements
  98A No title View Judgements
  99 Restriction on alteration of terms mentioned in prospectus or statement in lieu prospectus View Judgements
  100 Liability for statements in prospectus View Judgements
  101 Restriction as to allotment View Judgements
  102 Effect of Irregular allotment View Judgements
  103 Restrictions on commencement of business View Judgements
  104 Return as to allotments View Judgements
  105 Power to pay certain commissions and prohibition of payment of all other commissions, discounts, etc View Judgements
  105A Power to issue shares at a discount View Judgements
  105B Issue of redeemable preference shares View Judgements
  105C Further issue of capital View Judgements
  106 State in balance sheet as to commissions and discount View Judgements
  107 Power of company to pay interest out of capital in certain View Judgements
  108 LIMITATION OF TIME FOR ISSUE OF CERTIFICATES View Judgements
  109 Certain mortgages and charges to be void if not registered View Judgements
  109A Registration of charges on properties acquired subject to charge View Judgements
  110 PARTICULARS IN CASE SERIES OF DEBENTURES ENTITLING HOLDERS PARI PASSU View Judgements
  111 Particulars in case of commission etc. on debentures View Judgements
  112 Register of mortgage and charges View Judgements
  113 Index to register of Mortgages and charges View Judgements
  114 Certificate of Registration View Judgements
  115 Endorsement of certificate of registration on debenture or certificate of debenture stock View Judgements
  116 Duty Of Company and Right of Interest Party as Regards Registered View Judgements
  117 Copy of Instrument Creating Mortgage or Charge to be Kept at Registered Office View Judgements
  118 Registration of Appointment of Receiver View Judgements
  119 Fillings of Accounts Of Receivers View Judgements
  120 RECTIFICATION OF REGISTER OF MORTGAGES View Judgements
  121 REGISTRATION OR SATISFACTION OF MORTGAGES AND CHARGES: View Judgements
  122 PANELTIES View Judgements
  123 Company’s Register of Mortgages View Judgements
  124 Right to Inspect Copies of Instrument Creating Mortgages and Charges and Company’s Register of Mortgages View Judgements
  125 Right to Inspect The Register of Debenture-Holders and to Have Copies of Trust-Deed View Judgements
  126 PERPETUAL DEBENTURES View Judgements
  127 Power to re-issue redeemed debentures in certain cases View Judgements
  128 Specific performance of contract to subscribe for debentures View Judgements
  129 Payments of certain debts out of assets subject to floating charge in priority to claims under the charge View Judgements
  130 Books to be kept by company and penalty for not keeping proper books View Judgements
  131 Annual balance-sheet View Judgements
  131A Directors’ Report View Judgements
  132 Contents of balance-sheet View Judgements
  132A Balance-sheet to include particulars as to subsidiary companies: View Judgements
  133 Authentication of balance-sheet View Judgements
  134 Copy of balance-sheet to be forwarded to the registrar View Judgements
  135 Right of member of company to copies of the balance-sheet and the auditor’s report View Judgements
  136 Certain companies to publish statement in schedule View Judgements
  137 Power of registrar to call for information or explanation View Judgements
  138 Investigation of affairs of company by inspectors View Judgements
  139 Application for inspection to be supported by evidence View Judgements
  140 Inspection of books and examination of officers View Judgements
  141 Results examination the how dealt with View Judgements
  141A Institution of prosecutions View Judgements
  142 Power of company to appoint inspectors View Judgements
  143 Report of inspectors to be evidence View Judgements
  144 Qualification and appointment of auditors View Judgements
  145 Powers and duties of auditors View Judgements
  146 Rights of preference shareholders, etc., as to receipts and inspection of reports, etc View Judgements
  147 Liability for carrying on business with fewer than private company, two members View Judgements
  148 Service of documents company View Judgements
  149 Service of documents registrar View Judgements
  150 Authentication of documents View Judgements
  151 Application and alteration of tables and forms and power to make rules as to prescribed matters View Judgements
  152 Power for companies to refer matters to arbitration View Judgements
  153 Power to compromise with creditors and members View Judgements
  153A Provisions for facilitating arrangements and compromises View Judgements
  153B Power to acquire shares of shareholders dissenting from schemes or contract approved by majority View Judgements
  154 Conversion of private company into public company View Judgements
  PART 5: WINDING UP View Judgements
  155 Mode of winding up View Judgements
  156 Liability as contributories of present and pact members View Judgements
  157 Liability of directors whose liability is unlimited View Judgements
  158 Meaning of contributory View Judgements
  159 Nature of liability of contributory View Judgements
  160 Contributories in case of death of member View Judgements
  161 Contributories in case of insolvency of member View Judgements
  162 Circumstances in which company may be wound up by Court View Judgements
  163 Company when deemed unable to pay its debts View Judgements
  164 Winding up may be to District court View Judgements
  165 Transfer of winding up from one District View Judgements
  166 Provisions as to application for winding up View Judgements
  167 Effect of winding up order View Judgements
  168 Commencement of winding up by Court View Judgements
  169 No title View Judgements
  170 No title View Judgements
  171 Suits stayed on winding up order View Judgements
  171A Vacancy in the office of liquidator View Judgements
  172 Copy of winding up order to be filed with registrar View Judgements
  173 Power of Court to stay winding up View Judgements
  174 Court may have regard to wishes of creditors or contributories View Judgements
  175 Appointment of official liquidator View Judgements
  176 Resignations, removals, filling up vacancies and compensation View Judgements
  177 Official liquidator View Judgements
  177A No title View Judgements
  177B Statement by liquidator View Judgements
  178 Custody of company’s property View Judgements
  178A Committee of Inspection in compulsory up View Judgements
  179 Powers of official liquidator View Judgements
  180 Discretion of official liquidator View Judgements
  181 Provision for legal assistance to official liquidator View Judgements
  182 Liquidator to keep books containing proceedings of meetings and to submit account of his receipt to Court View Judgements
  183 Exercise and control of liquidator’s powers View Judgements
  184 Settlement of list of contributories and application of assets: View Judgements
  185 Power to require delivery of property View Judgements
  186 Power to order payment of debts by contributory View Judgements
  187 Power of Court to make calls View Judgements
  188 Power to order payment into bank View Judgements
  189 Regulation of account with Court View Judgements
  190 Order on contributory conclusive evidence View Judgements
  191 Power to exclude creditors not proving in time View Judgements
  192 Adjustment of rights of contributories View Judgements
  193 Power to order costs of View Judgements
  194 Dissolution of company View Judgements
  195 Power to summon persons suspected of having property of company View Judgements
  196 Power to order public examination of promoters, directors, etc View Judgements
  197 Power to arrest absconding contributory View Judgements
  198 Saving of other sums View Judgements
  199 Power to enforce orders View Judgements
  200 Order made in any Court to be enforced by other Courts View Judgements
  201 Mode of dealing with orders to be enforced by other Courts: View Judgements
  202 Appeals from orders View Judgements
  203 Circumstances in which company may be wound up voluntarily View Judgements
  204 Commencement of voluntary winding up View Judgements
  205 Effect of voluntary winding upon status of company View Judgements
  206 Notice of resolution to wind up voluntarily View Judgements
  207 Declaration of solvency View Judgements
  208 Provisions applicable to a members’ voluntary winding up View Judgements
  208A Power of company to appoint and fix remuneration of liquidators View Judgements
  208B Power to fill vacancy in office of liquidator View Judgements
  208C Power of liquidator to accept shares, etc., as consideration for sale of property of company View Judgements
  208D Duty of liquidator to call general meeting at end of each year View Judgements
  208E Final meeting and dissolution View Judgements
  209 Provisions applicable to a creditors’ voluntary winding up View Judgements
  209A Meeting of creditors View Judgements
  209B Appointment of liquidator View Judgements
  209C Appointment of committee of inspection View Judgements
  209D Fixing of liquidators’ remuneration and cesser of directors’ powers View Judgements
  209E Power to fill vacancy in office of liquidator View Judgements
  209F Application of section 208C to a creditors voluntary winding up View Judgements
  209G Duty of liquidator to call meetings of company and of creditors at end of each year View Judgements
  209H Final meeting and dissolution View Judgements
  210 Provisions applicable to every voluntary winding up View Judgements
  211 Distribution of property of company View Judgements
  212 Power and duties of liquidator in voluntary winding up View Judgements
  213 Power of Court, to appoint and remove liquidator in voluntary winding up View Judgements
  214 Notice by liquidator of his appointment View Judgements
  215 Arrangement when binding on creditors View Judgements
  216 Power to apply to Court to have questions determined of powers exercised View Judgements
  217 Cost of voluntary winding up View Judgements
  218 Saving for rights of creditors and contributories View Judgements
  219 No title View Judgements
  220 Power of Court to adopt proceedings of voluntary winding up: View Judgements
  221 Power to order winding up subject to supervision View Judgements
  222 Effect of petition for winding up subject to supervision View Judgements
  223 Court may have regard to wishes of creditors and contributors View Judgements
  224 Power for Court to appoint or remove liquidators View Judgements
  225 Effect of supervision order View Judgements
  226 Appointment in certain cases of voluntary liquidators to office of official liquidators View Judgements
  227 Avoidance of transfers etc., after commencement of winding up View Judgements
  228 Debts of all descriptions to be proved View Judgements
  229 Application of insolvency rule in winding up of insolvent companies View Judgements
  230 Preferential payments View Judgements
  230A Disclaimer of property View Judgements
  231 Fraudulent preference View Judgements
  232 Avoidance of certain attachments, executions etc View Judgements
  233 Effect of floating charge View Judgements
  234 General scheme of liquidation may be sanctioned View Judgements
  235 Power of Court to assess damages against delinquent directors, etc View Judgements
  236 Penalty for falsification of books View Judgements
  237 Prosecution of delinquent directors View Judgements
  238 Penalty for false evidence View Judgements
  238A Penal provisions View Judgements
  239 Meetings to ascertain wishes of creditors or contributories: View Judgements
  240 Documents of company be evidence View Judgements
  241 Inspection of documents View Judgements
  242 Disposal of documents of company View Judgements
  243 Power of Court to declare dissolution of company void View Judgements
  244 Information as to pending liquidations View Judgements
  244A Payments of liquidator into bank View Judgements
  244B Unclaimed dividends and undistributed assets to be paid to Companies Liquidation Account View Judgements
  245 Court or person before whom affidavit may be sworn View Judgements
  246 Power of High Court to make rules View Judgements
  247 Registrar may strike defunct company off register View Judgements
  PART 6: REGISTRATION OFFICE AND FEES View Judgements
  248 Registration offices View Judgements
  249 Fees View Judgements
  249A Enforcing submission of returns and documents to registrar View Judgements
  PART 7: APPLICATION OF ACT TO COMPANIES FORMED AND REGISTERED UNDER FORMER COMPANIES ACTS View Judgements
  250 Application of Act to companies formed under former Companies Acts View Judgements
  251 Application of Act to companies registered but not formed under former Companies Act View Judgements
  252 Mode of transferring View Judgements
  PART 8: COMPANIES AUTHORIZED TO REGISTER UNDER THIS ACT View Judgements
  253 Companies capable of being registered View Judgements
  254 Definition of “jointstock company” View Judgements
  255 Requirements for registration by jointstock companies View Judgements
  256 Requirements for registration by other than joint-stock companies View Judgements
  257 Authentication of statement of existing companies View Judgements
  258 Registrar may require evidence as to nature of company View Judgements
  259 On registration of banking company with limited liability, notice to be given to customers View Judgements
  260 Exemption of certain companies from payment of fees View Judgements
  261 Addition of “Limited” to name View Judgements
  262 Certificate of registration of existing companies View Judgements
  263 Vesting of property on registration View Judgements
  264 Saving of existing liabilities View Judgements
  265 Continuation of existing suits View Judgements
  266 Effect of registration under Act View Judgements
  267 Power to substitute memorandum and articles for deed of settlement View Judgements
  268 Power of Court to stay or restrain proceedings View Judgements
  269 Suits stayed on winding up order View Judgements
  PART 9: WINDING UP OF UNREGISTERED COMPANIES View Judgements
  270 Meaning of “unregistered company” View Judgements
  271 Winding up of unregistered companies View Judgements
  272 Contributories in winding up of unregistered companies View Judgements
  273 Power to stay or restrain proceedings View Judgements
  274 Suits stayed on winding up order View Judgements
  275 Directions as to property in certain cases View Judgements
  276 Provisions of this Part cumulative View Judgements
  PART 10: COMPANIES ESTABLISHED OUTSIDE BRITISH INDIA View Judgements
  277 Requirements as to companies established outside British India View Judgements
  277A Restriction on sale and offer for sale of share View Judgements
  277B Requirements as to prospects View Judgements
  277C Restriction on canvassing for sale of shares View Judgements
  277D Registration of charges View Judgements
  277E Notice of appointment of receiver View Judgements
  PART 10A: BANKING COMPANIES View Judgements
  277F Definition of banking company View Judgements
  277G Limited of activities Banking company View Judgements
  277H Banking company not to employ managing agent View Judgements
  277HH Prohibition of employment of managing agents and restrictions on certain forms of employment View Judgements
  277-I Restrictions on commencement of business conditions for carryon business by bank company View Judgements
  277-J Prohibition of charge on unpaid capital View Judgements
  277K Reserve fund View Judgements
  277L Cash Reserve View Judgements
  277M Restriction nature of subsidiary companies View Judgements
  277N Power of Court to stay proceedings View Judgements
  PART 11: SUPPLEMENTAL View Judgements
  278 Cognizance of offences View Judgements
  279 Application of fines View Judgements
  280 Power to require limited company to give security for costs View Judgements
  281 Power of Court to grant relief in certain cases View Judgements
  282 Penalty for false statement View Judgements
  282A Penalty for wrongful withholding of property View Judgements
  282B Penalty for misapplication of securities by employers View Judgements
  283 Penalty for improper use of word “Limited" View Judgements
  284 Saving of pending proceedings for winding up View Judgements
  285 Saving of document View Judgements
  286 Former registration offices, registers and registrars, continued: View Judgements
  287 Savings for Indian Life Assurance Companies and Provident Insurance Societies Act, 1912 View Judgements
  288 Construction of “registrar of joint-stock companies” in Act XXI of 1860 View Judgements
  289 Act not to apply to Banks of Bengal, Madras or Bombay View Judgements
  289A Application of Act to non-trading companies with purely Provincial objects View Judgements
  290 Repeal of Acts and Savings View Judgements



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