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Section 6 – Act To Override Memorandum, Articles, Etc

The Companies Act, 2013

CHAPTER II: INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO

Section 6: Act To Override Memorandum, Articles, Etc

Bare Act

Save as otherwise expressly provided in this Act -

  1. 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
  2. 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.

Simplified Act and examples below are previews.

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Simplified Act

In simpler terms, except where this law states otherwise:

  1. The rules in

Explanation using examples

Imagine a company named "Tech Innovations Ltd." has a clause in its articles of associati