Amended and updated notes on section 17 of Companies Act 2013. Detail discussion on provisions and rules related to copies of memorandum, articles, etc., to be given to members.
Chapter II (Sections 3–22) of the Companies Act, 2013 (CA 2013) deals with the provisions related to incorporation of company and matters incidental thereto. Section 17 of CA 2013 provides for copies of memorandum, articles, etc., to be given to members.
Recently, we have discussed in detail section 16 (Rectification of name of company) of CA 2013. Today, we learn the provisions of section 17 of Companies Act 2013 read with the Companies (Incorporation) Rules, 2014.
Section 17 of the Companies Act, 2013 has been notified by the Ministry of Corporate Affairs (MCA) vide Notification No. S.O. 902(E) issued dated 27.03.2014. This notification was come into force from 1st April, 2014 i.e. the commencement date of section 17 is 1-4-2014.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | II |
| Chapter Name | Incorporation of Company and matters incidental thereto |
| Section No. | 17 |
| Section Name | Copies of memorandum, articles, etc., to be given to members |
| Monthly Updated Edition | Company Law PDF |
Section 17 of Companies Act 2013: Copies of memorandum, articles, etc., to be given to members
Section 17 shall come into force on 1st April, 2014 vide Notification No. S.O. 902(E) issued dated 27.03.2014.
(1) A company shall, on being so requested by a member, send to him within seven days of the request and subject to the payment of such fees as may be prescribed, a copy of each of the following documents, namely: —
- (a) the memorandum;
- (b) the articles; and
- (c) every agreement and every resolution referred to in sub-section (1) of section 117, if and in so far as they have not been embodied in the memorandum or articles.
The fee has been prescribed in Rule 34 of the Companies (Incorporation) Rules, 2014 read with the Companies (Registration offices and fees) Rules, 2014.
(2) If a company makes any default in complying with the provisions of this section, the company and every officer of the company who is in default shall be liable for each default, to a penalty of one thousand rupees for each day during which such default continues or one lakh rupees, whichever is less.