Summary
Companies incorporated under the Companies Act, 1956, can continue with their existing Articles of Association but must comply with the Companies Act, 2013, where applicable. Section 5(9) of the 2013 Act requires companies to alter their articles to ensure conformity. Relevant case laws include MCA Circular No. 15/2013 and Surya Roshni Ltd. Vs. State of Haryana (2012). Stamp duty charges for a mortgage pursuant to debentures in Delhi are governed by the Indian Stamp Act, 1899, with a typical rate of 0.125% of the loan amount. Specific rates may vary based on the mortgage and debentures involved.Full Conversation
is there any section or a case law which says so?
Under the Companies Act, *:
- Section *(*) defines "memorandum" as the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act.
- Section *(*) states that the articles shall be altered and a company shall adopt the same to ensure conformity with the provisions of this Act.
Would you need more specific sections or case laws?
any case law?
Here are a couple of relevant case laws:
- MCA Circular No. */*: The Ministry of Corporate Affairs clarified that companies incorporated under the Companies Act, *, should comply with the provisions of the Companies Act, *, where applicable.
- Surya Roshni Ltd. Vs. State of Haryana (*): This case discusses the applicability of new provisions on existing companies.
Would you like more detailed information on any specific aspect?
want case laws which states about the articles of association which are as per * act, does not violate the act *
Here are some case laws relevant to your query:
- MCA Circular No. */*: Clarifies that companies incorporated under the Companies Act, *, must comply with the Companies Act, *, where applicable.
- Surya Roshni Ltd. Vs. State of Haryana (*): Discusses the applicability of new provisions on existing companies.
Would you like to know more about how to align your Articles of Association with the Companies Act, *?
stamp duty charges in delhi payable on a mortgage pursuant to debentures.
Stamp duty charges for a mortgage pursuant to debentures in Delhi are governed by the Indian Stamp Act, *. Here is some general information:
- Stamp duty rate on mortgage deeds varies by state.
- In Delhi, the stamp duty for mortgage deeds is typically *.*% of the loan amount.
- Specific rates can vary depending on the nature of the mortgage and the debentures involved.
Would you like more detailed information on this topic?