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The Companies Act,1956

Title : The Companies Act,1956

Year : 1956



1*[(1) A company shall file with the Registrar -

(a) A special resolution passed by a company in relation to clauses (a) to (g) of sub-section (1) of section 17, within one month from the date of such resolution; or

(b) A certified copy of the order of the2*[Central Government] made under sub¬section (5) of that section confirming the alterations, within three months from the date of order,
as the case may be, together with a printed copy of the memorandum as altered and the Registrar shall register the same and certify the registration under his hand within one month from the date of filing such documents.]

(2) The certificate shall be conclusive evidence that all the requirements of this Act with respect to the alteration and the confirmation thereof have been complied with, and thenceforth the memorandum as so altered shall be the memorandum of the company.

(3) Where the alteration involves a transfer of the registered office from one State to another, a certified copy of the order confirming the alteration shall be filed by the company with the Registrar of each of the States, and the Registrar of each such State shall register the same, and shall certify under his hand the registration thereof; and the Registrar of the State from which such office is transferred shall send to the Registrar of the other State all documents relating to the company registered, recorded or filed in his office.

(4) The 2*[Central Government] may, at any time, by order extend the time for the filing of documents 3*[or for the registration of the alteration] under this section by such period as it thinks proper.
 
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1. Sub-section (1) Substituted by Act 65 of 1960, Section 7 (w.e.f. 28-12-1960) and again Substituted by Act 5 of 1997, Section 3 (w.e.f. 1-3-1997).

2. Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002 w.e.f. 12.08.2012.

3. Inserted by Act 65 of 1960, Section 7 (w.e.f. 28-12-1960).

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(1) No such alteration as is referred to in section 17 shall have any effect until it has been duly registered in accordance with the provisions of section 18.

1*[(2) If the documents, required to be filed with the Registrar under section 18 are not filed within the time allowed under that section, such alteration and the order of the2[Central Government] made under sub-section (5) of section 17 and all proceedings connected therewith shall, at the expiry of such period, become void and inoperative:

Provided that the2*[Central Government] may, on sufficient cause shown, revive the order on application made within a further period of one month.]
 
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1. Substituted by Act 65 of 1960, Section 8, for sub-section (2) (w.e.f. 28-12-1960).

2. Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002 w.e.f. 12.08.2012.

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(1) No company shall be registered by a name which, in the opinion of the Central Government, is undesirable.

1*[(2) Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles,-

(i) The name by which a company in existence has been previously registered, or

(ii) A registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999; may be deemed to be undesirable by the Central Government within the meaning of sub-section (1).

(3) The Central Government may, before deeming a name as undesirable under clause (ii) of sub-section (2), consult the Registrar of Trade Marks.]
 
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1. Substituted by Act 47 of 1999, for "(2) Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, may be deemed to be undesirable by the Central Government within the meaning of sub-section (1)"

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Last updated on September, 2016

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