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Section 6 of the Companies Act 2013: Act to Override Memorandum, Articles, etc.

Chapter II (Incorporation of Company and Matters Incidental thereto) of Companies Act 2013 : SECTION - 6
"Act to Override Memorandum, Articles, etc."

"Save as otherwise expressly provided in this Act—

(a) the provisions of this Act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a company, or in any agreement executed by it, or in any resolution passed by the company in general meeting or by its Board of Directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of this Act; and



(b) any provision contained in the memorandum, articles, agreement or resolution shall, to the extent to which it is repugnant to the provisions of this Act, become or be void, as the case may be."




Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link

(2) Section 6 of the Companies Act 2013 was notified by MCA Notification S.O. 902(E). dated 26th March 2014 (w.e.f. 1st April 2014) - link






This page was last updated on 20th November 2016.
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