Amended and updated notes on section 6 of Companies Act 2013. Detail discussion on provisions and rules related to Act to override memorandum, articles, etc.
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 6 of CA 2013 provides for Act to override memorandum, articles, etc.
Recently, we have discussed in detail section 5 (Articles) of CA 2013. Today, we learn the provisions of section 6 of Companies Act 2013 read with the Companies (Incorporation) Rules, 2014.
Section 6 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 6 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. | 6 |
| Section Name | Act to override memorandum, articles, etc. |
| Monthly Updated Edition | Company Law PDF |
Section 6 of Companies Act 2013: Act to override memorandum, articles, etc.
Section 6 shall come into force on 1st April, 2014 vide Notification No. S.O. 902(E) issued dated 27.03.2014.
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.