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6 Act to override memorandum, articles, etc.

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Section 6 of Companies Act 2013

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.

Short Notes:

  • This section came into force from April 1, 2014.
  • It seeks to provide that the provisions of the Act shall have overriding effect over the provisions contained in memorandum and articles of the company.

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