Section 5 of Companies Act 2013-articles
Section 5(1) of Companies Act 2013
The articles of a company shall contain the regulations for management of the company.
Section 5(2) of Companies Act 2013
The articles shall also contain such matters, (*as may be prescribed):
*as may be prescribed4
Provided that nothing prescribed4 in this sub-section shall be deemed to prevent a company from including such additional matters in its articles as may be considered necessary for its management.
Section 5(3) of Companies Act 2013
The articles may contain provisions for entrenchment to the effect that specified provisions of the articles may be altered only if conditions or procedures as that are more restrictive than those applicable in the case of a special resolution, are met or complied with.
Section 5(4) of Companies Act 2013
The provisions for entrenchment referred to in sub-section (3) shall only be made either on formation of a company, or by an amendment in the articles agreed to by all the members of the company in the case of a private company and by a special resolution in the case of a public company.
Section 5(5) of Companies Act 2013
Where the articles contain provisions for entrenchment, whether made on formation or by amendment, the company shall give notice to the Registrar of such provisions in such form and manner as may be prescribed.
Section 5(6) of Companies Act 2013
The articles of a company shall be in respective forms specified in Tables F, G, H, I and J in Schedule I as may be applicable to such company.
Section 5(7) of Companies Act 2013
A company may adopt all or any of the regulations contained in the model articles applicable to such company.
Section 5(8) of Companies Act 2013
In case of any company, which is registered after the commencement of this Act, in so far as the registered articles of such company do not exclude or modify the regulations contained in the model articles applicable to such company, those regulations shall, so far as applicable, be the regulations of that company in the same manner and to the extent as if they were contained in the duly registered articles of the company.
Section 5(9) of Companies Act 2013
Nothing in this section shall apply to the articles of a company registered under any previous company law unless amended under this Act.
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