Subject matter of Articles of Association. The Companies Act, 2013 provides model forms for articles of association in Schedule I for different types of companies. Depending on your company's nature and size, you can adopt all or any of the regulations contained in these forms. Alternatively, you can draft your own articles of association that suit your specific needs and preferences.
Subject matter of Articles of AssociationIf you are planning to start a company in India, or if you are already running one, you must be familiar with the term "articles of association" or AOA. This is a document that contains the rules and regulations for the internal management of your company, such as how to issue shares, conduct meetings, appoint directors, and so on. The AOA is a part of the constitution of your company, along with the memorandum of association (MOA), which defines the scope and objectives of your company.
Articles of AssociationThe doctrine of corporate veil is a legal principle that recognizes the separate legal personality of a company from its members. It means that the company is an independent entity that can own property, enter into contracts, sue and be sued in its own name, and is not liable for the debts or obligations of its members. However, there are certain circumstances where the courts may lift or pierce the corporate veil and look behind the facade of the company to identify the real persons who are in control or responsible for its actions. This is done to prevent fraud, abuse, evasion or injustice that may arise from the misuse of the corporate personality by its members.
The Doctrine of Corporate VeilIn this blog post, I will discuss some of the key features and implications of the Indian Companies Act 2013, which replaced the Indian Companies Act 1956. I will also refer to some of the relevant case law and sections of the Act to illustrate the points.
Indian Companies Act 2013 HighlightsThe Indian Companies Act 2013 is a landmark legislation that regulates the incorporation, management, and dissolution of companies in India. The Act replaced the previous Companies Act 1956, which was outdated and inadequate to deal with the complexities of the modern corporate world. The Act aims to promote good governance, transparency, accountability, and social responsibility among companies, while also protecting the interests of various stakeholders, such as shareholders, creditors, employees, consumers, and the public. The Act consists of 29 chapters, 470 sections, and 7 schedules, covering various aspects of company law, such as:
Introduction to Indian Companies Act 2013