Articles under Companies Law

In this blog post, I will write about the doctrine of ultra vires according to Indian companies law 2013 with references to case law and relevant sections and explain the legal terms and concepts. The doctrine of ultra vires is a Latin term that means "beyond powers". It is a fundamental rule of company law that limits the powers of a company to the objects specified in its memorandum of association (MOA), which is the basic charter of the company.

In this blog post, I will explain the doctrine of indoor management according to the Indian Companies Act, 2013 with references to case law and relevant sections. I will also explain the legal terms related to this doctrine. The doctrine of indoor management is a legal principle that protects outsiders who deal with a company from the internal irregularities of the company. It is also known as the Turquand rule, after the landmark case of Royal British Bank v Turquand (1856) 6 E&B 327. According to this doctrine, an outsider who enters into a contract with a company can assume that all the internal formalities and procedures have been duly complied with by the company, as long as the contract is within the scope of the company's memorandum and articles of association. The outsider does not need to inquire into the internal affairs of the company or verify whether the directors or other officers have acted within their authority.

The 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.

A memorandum of association (MOA) is a legal document that defines the scope and purpose of a company. It is one of the essential documents required for incorporating a company in India under the Companies Act, 2013. The MOA contains six clauses that specify the following information about the company.

In this blog post, we will discuss some important aspects of drafting a MoA for a company in India, such as: The clauses of the MoA, The procedure for altering the MoA, The case laws related to the MoA, The legal terms and concepts related to the MoA, The clauses of the MoA, The MoA consists of six clauses.

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.

If 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.

The 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.

In 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.

The 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: