What is Articles of Association of Company? What are the requirement under section 5 of Indian Companies Act 2013 in case of Articles of a Company? How to prepare Articles of a Company?

 

 

Section 5 Articles of Association of Company - Indian Companies Act 2013

As per Section 5 of Indian Companies Act 2013 Articles of a Company may be prepared in the prescribed format. Provision in the Indian Companies Act 2013 regarding Articles of Association of Company is as under.


(1) The articles of a company shall contain the regulations for management of the company.


(2) The articles shall also contain such matters, as may be prescribed:
Provided that nothing prescribed in this sub-section shall be deemed to prevent a company from including such additional matters in its articles as may be considered necessary for its management.


(3) The articles may contain provisions for entrenchment to the effect that specified provisions of the articles may be altered only if conditions or procedures as that are more restrictive than those applicable in the case of a special resolution, are met or complied with.


(4) The provisions for entrenchment referred to in sub-section (3) shall only be made either on formation of a company, or by an amendment in the articles agreed to by all the members of the company in the case of a private company and by a special resolution in the case of a public company.


(5) Where the articles contain provisions for entrenchment, whether made on formation or by amendment, the company shall give notice to the Registrar of such provisions in such form and manner as may be prescribed.


(6) The articles of a company shall be in respective forms specified in Tables, F, G, H, I and J in Schedule I as may be applicable to such company.


(7) A company may adopt all or any of the regulations contained in the model articles applicable to such company.


(8) In case of any company, which is registered after the commencement of this Act, in so far as the registered articles of such company do not exclude or modify the regulations contained in the model articles applicable to such company, those regulations shall, so far as applicable, be the regulations of that company in the same manner and to the extent as if they were contained in the duly registered articles of the company.


(9) Nothing in this section shall apply to the articles of a company registered under any previous company law unless amended under this Act.

 

Section 3 to 20 of Indian Companies Act 2013

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What is Articles of Association of Company? What are the requirement under section 5 of Indian Companies Act 2013 in case of Articles of a Company? How to prepare Articles of a Company?

What is Act to override Memorandum and Articles of Association of Company? What is the provisions under Section 6 of Indian Companies Act 2013?

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What are the provisions under Section 12 of Indian Companies Act 2013 regarding Registered office of a Company? What are the penalty provisions for violation of law?

How to alter Memorandum of a Company? Section 13 of Indian Companies Act 2013 regarding changes in the memorandum of  Company

How to alter Articles of a Company? Section 14 of Indian Companies Act 2013 regarding changes in the Articles of  Company

Alteration of Memorandum and Articles to be noted in every copy. Section 15 of Indian Companies Act 2013

How to Rectify the name of a Company? Section 16 of Indian Companies Act 2013

Is it necessary to give copy of Memorandum, Articles etc to members? Penalty in case of default. Section 17 of Indian Companies Act 2013

How to convert a Registered Company? Section 18 of Indian Companies Act 2013. Conversion of Companies already registered. Procedure and Documentation

Can subsidiary company hold shares of holding Company? Section 19 of Indian Companies Act 2013. Subsidiary Company not to hold shares of its holding Company

How to serve documents to a company or its officer? What are the accepted methods? Section 20 of Indian Companies Act 2013 Service of documents

 

 

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