Kinds of Companies under Companies Act, 2013

According to sec 2(20) of the companies act, 2013 “’A company is a company formed under the companies Act 2013 or under any of the previous acts relating to companies.” A company may be defined as “an incorporated association which is an artificial person, having a separate legal entity, with a perpetual succession, a common seal, a common capital compromised […]

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Doctrine of Ultra Vires – Comapany Law

Meaning of Doctrine of Ultra Vires The doctrine of ultra vires applies to the memorandum of association of a company. The memorandum of association contains the permitted range of activities in its objects clause and a company cannot practice any other activity which is not defined under the scope of objectives mentioned in the memorandum. Any activity done out of the purview […]

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Doctrine of Constructive Notice & Indoor Management

Doctrine of Constructive Notice – After a company is registered, its memorandum and articles of association become “public documents”. The memorandum and articles of association of a company are public documents and are open to inspection by anyone by payment of a nominal fee. Hence it is presumed that every person dealing with the company has read these documents and […]

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Memorandum of Association – Company Law

Memorandum of Association is simply the constitution or charter of a company. According to the companies Act, 2013, “memorandum” means “memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act.” The memorandum of association contains the fundamental provisions of the company’s constitution and all […]

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Articles of association – Company Law

Meaning of Articles of Association Articles of association is a secondary document (primary document – memorandum) containing the laws regarding internal management of the company. According to sec 2(5) of the Companies Act, 2013 ‘Articles’ means the “Articles Of Association of a company as originally framed or as altered from time to time in pursuance of any previous companies law or […]

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