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Companies Act overrides Memorandum & Articles of Association

Section 6 of the Companies Act 2013 states about the cases where Companies Act has an overriding effect over others.

The provisions of the Companies Act shall have effect notwithstanding anything to the contrary contained in:

 a) the Memorandum of Association (MoA) or Articles of Association (AoA) of a company; or
 b) any agreement executed by the company; or
 c) any resolution passed in the general meeting of members of the company; or
 d) any resolution passed by the board of directors of the company.

This will be applicable whether or not the above documents are registered, executed or passed. That is quite irrelevant here.

If the provisions contained in any of the above mentioned documents are in contrary or in conflict with or repugnant to the provisions of the Companies Act, then they shall become or be void.

companies act overrides articles

Comments

  1. Sanket Patil10 August, 2018

    Quite obviously Companies Act overrides MoA and AoA. Companies Act is the father of all companies laws and documents made under it.

    ReplyDelete

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