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(3) For the purposes of jurisdiction to wind up companies, the expression" registered office" means the place which has longest been the registered office of the company during the six months immediately preceding the presentation of the petition for winding up.
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Amended in its application to Goa, Daman and Diu by Reg. Explanation I.- For the purposes of this Act, references to" managing agent" shall be construed as references to any individual, firm, or body corporate who, or which, was, at any time before the 3rd day of April, 1970 , the managing agent of any company.
the body corporate or of any subsidiary or holding company thereof; any partner or relative of any such director or manager; any firm in which such director, manager, partner or relative, is a partner; (ii) any other body corporate at any general meeting of which not less than one- third of the total voting power in regard to any matter may be exercised or controlled by any one or more of the following, namely, the body corporate and the companies and other persons specified in paragraph (i) above; and any subsidiary of the other body corporate referred to in paragraph (ii) above: Provided that where the body corporate is the manag- ing agent of the other body corporate referred to in paragraph (ii) above, a subsidiary of such other body corporate shall not be an associate (d) where the managing agent is a private company or a body corporate having not more than fifty members: in addition to the persons men- tioned in sub clause (c), any member of the private company or body corporate; Explanation.- If one person is an associate in relation to another within the meaning of this clause, the latter shall also be deemed to be an associate in relation to the former within its meaning; (a) where the secretaries and treasurers are a firm: any member of such firm; any partner or relative of any such member; and any other firm in which any such member, part- ner or relative is a partner; any private company of which the firm first- mentioned, or any such member, partner, relat- ive or other firm is the manag- ing agent, or secretaries and treasurers, or a director, or the manager; and any body corporate at any gene- ral meeting of which not less than one- third of the total vot- ing power in regard to any matter may be exercised or controlled by any one or more of the following, namely, the firm first- mentioned, any such member or members, partner or partners, relative or relatives, other firm or firms, and private company or companies; (b) where the secretaries and treasurers are a body corporate: (i) any subsidiary or hold- ing company of such body corpo- rate; the managing agent or secretaries and treasurers, or a director, the manager or an officer of the body corporate or of any subsidiary or hold- ing company thereof; any part- ner or relative of any such director or manager; any firm in which such director or manager, partner or relative, is a partner; (ii) any other body corporate at any general meeting of which not less than one- third of the total voting power in regard to any matter may be exercised or controlled by any one or more of the following, namely, the body corporate and the com- panies and other persons speci- fied in paragraph (i) above; and any subsidiary of the other body corporate refe- rred to in paragraph (ii) above: Provided that where the body corporate is the secretar- ies and treasurers of the other body corporate referred to in paragraph (ii) above, a subsidiary of such other body corporate shall not be an associate in relation to the secretaries and treasurers aforesaid; and] (c) where the secretaries and treasurers are a private company or a body corporate having not more than fifty members: in addition to the persons mentioned in sub- clause (b), any member of the private com- pany or body corporate; Explanation.- If one person is an associate in relation to another within the meaning of this clause, the latter shall also be deemed to be an associate in relation to the former within its meaning; (a) with respect to any matter relating to a company other than any offence against this Act, the Court having jurisdiction under this Act with respect to that matter relating to that company, as provided in section 10; (17) " financial year" means, in relation to any body corporate, the period in respect of which any profit and loss account of the body corporate laid before it in annual general meeting is made up, whether that period is a year or not: (24) " manager" means an individual (not being the managing agent) who, subject to the superintendence, control and direction of the Board of directors, has the management of the whole, or subsantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, and whether under a contract of service or not; (25) " managing agent" means any individual, firm or body corporate entitled, subject to the provisions of this Act, to the management of the whole, or substantially the whole, of the affairs of a company by virtue of an agreement with the company, or by virtue of its memorandum or articles of association, and includes any individual, firm or body corporate occupying the position of a managing agent, by whatever name called.
(3) This section shall not apply to a joint family as such carrying on a business; and where a business is carried on by two or more joint families, in computing the number of persons for the purposes of sub- sections (1) and (2), minor members of such families shall be excluded. Company Law Board] made under sub- section (5) of section 17 confirming the alteration, together with a printed copy of the memorandum as altered, shall, within three months from the date of the order, be filed by the company with the Registrar who shall register the same and certify the registration under his hand within one month from the date of the filing of such documents. (3) The change of name shall not affect any rights or obligations of the company, or render defective any legal proceedings by or against it; and any legal proceedings which might have been continued or commenced by or against the company by its former name may be continued by or against the company by its new name. (c) In according the approval referred to in clause (a), the Central Government may vary the licence by making it subject to such conditions and regulations as that Government thinks fit, in lieu of, or in addition to, the conditions and regulations, if any, to which the licence was formerly subject. (1) In the case of an unlimited company, the articles shall state the number of members with which the company is to be registered and, if the company has a share capital, the amount of share capital with which the Company is to be registered.
(5) Every person who is a member of a company, association or partnership formed in contravention of this section shall be punish- able with fine which may extend to one thousand rupees. (2) The certificate shall be conclusive evidence that all the re- quirements of this Act with respect to the alteration and the confir- mation thereof have been complied with, and thenceforth the memorandum as so altered shall be the memorandum of the company. (1) In the case of a company which was a private limited company immediately before the commencement of this Act, the Registrar shall enter the word' Private' before the word' Limited' in the name of the company upon the register and shall also make the necessary alterations in the certificate of incorporation issued to the company and in its memorandum of association. In its application to Government Companies section 23 shall be read along with the following sub- section:-" (1A) Where the change in the name of a Government Company consists only in the deletion of the word" Private" therefrom, that Government Company shall, not later than three months from the date thereof, inform the Registrar of the aforesaid change and thereupon the Registrar shall delete the word' Private' before the word' Limited' in the name of the Company upon the register and shall also make the necessary alterations in the certificate of incorporation issued to the company": Vide Notifn. (d) Where the alteration proposed in the provisions of the memorandum of a body under this sub- section is with respect to the objects of the body so far as may be required to enable it to do any of the things specified in clauses (a) to (g) of sub- section (1) of section 17, the provisions of this sub- section shall be in addition to, and not in derogation of, the provisions of that section.] (9) Upon the revocation of a licence granted under this section to a body the name of which contains the words" Chamber of Commerce", that body shall, within a period of three months from the date of revocation or such longer period as the Central Government may think fit to allow, change its name to a name which does not contain those words; and- (10) If the body makes default in complying with the requirements of sub- section (9), it shall be punishable with fine which may extend to five hundred rupees for every day during which the default continues. (3) In the case of a private company having a share capital, the articles shall contain provisions relating to the matters specified in sub- clauses (a), (b) and (c) of clause (iii) of sub- section (1) of section 3; and in the case of any other private company, the articles shall contain provisions relating to the matters specified in the said sub- clauses (b) and (c). The articles of a association of any company, not being a company limited by shares, shall be in such one of the Forms in Tables C, D and E in Schedule I as may be applicable, or in a Form as near thereto as circumstances admit: Provided that nothing in this section shall be deemed to pre- vent a company from including any additional matters in its articles in so far as they are not inconsistent with the provisions contained in the Form in any of the Tables C, D and E, adopted by the company.] (c) be signed by each subscriber of the memorandum of asso- ciation (who shall add his address, description and occu- pation, if any,) in the presence of at least one witness who shall attest the signature and shall likewise add his address, description and occupation, if any.
Except where this Act expressly provides otherwise, a person shall not be deemed to be, within the meaning of any provision in this Act, a person in accordance with whose directions or instructions the Board of directors of a company is accustomed to act, by reason only that the Board acts on advice given by him in a professional capacity.
(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 aforesaid shall, to the extent to which it is repugnant to the provisions of this Act, become or be void, as the case may be.
19 of 1857 or in Table A in the First Schedule annexed to the Indian Companies Act, 1882 , (6 of 1882 .) or in Table A in the First 1. Company C is a subsidiary of Company A, by virtue of clause (c) above.
This Act has been extended to Goa, Daman and Diu by Regulation 12 of 1962 (with modifications), s. It Company D is a subsidiary of Company C, Company D will be a subsidiary of Company B and consequently also of Company A, by virtue of clause (c) above; and so on.
A private company, being a subsidiary of a body corporate incorporated outside India, which, if incorporated in India, would be a public company within the meaning of this Act, shall be deemed for the purposes of this Act to be a subsidiary of a public company if the entire share capital in that private company is not held by that body corporate whether alone or together with one or more other bodies corporate incorporated outside India.] (2) Subject to the provisions of sub- section (1), the Central Government may, by notification in the Official Gazette, specify such other institution as it may think fit to be a public financial institution: Provided that no institution shall be so specified unless- Meaning of" officer who is in default".Tags: Adult Dating, affair dating, sex dating