Repealed or not in force · As amended up to 2026-08
(ii) continues to observe such restrictions, limitations and prohibitions :
Provided that where two or more persons hold one or more shares in a company jointly they shall, 'for the purposes of this definition, be considered as a single member :
(14) " prospectus " means any prospectus, notice, circular, advertisement or other invitation, offering to the public for subscription or purchase any shares or debentures of a company :
(16)[the registrar ][" ][means a registrar or assist- ] ant registrar performing under this Act the duty of registration of companies : and
(16) cc share "
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" . means share in tbe share capital the company, and includes stoclr except when a distinction between stock and shares is express'ed or implied.
`3.` (I) The Court having jurisdiction under this Act sball be the High Court having jurisdiction in the .place at' which the registered office o f the company is situate :
CONSTITUTION
AND INCORPOR~TIOW.
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company under this Act, or is formed in pursuance of an Act of Yarlianient or some other Act of the Letters Patent.
(iii) a colnpany not 'having any limit on the liability of its iuenibers (in this Act ' termed an unlimited company).
(i) by its articles-
(a) restricts the right to transfer its shares ; and (b) limits the number of its members (exclusive of persons who are in the employ of the company) to fifty; and
(c) prohibits any invitation to the public to subscribe for any shares or debentures of the company : and
PART I.
`1.` (1) This Act may be called the Indian short titi,, Companies Act, 1913. commonoo-
commonooment slid
ment (2) It shall come into force on the first day of extant. April `1914` ; and
(3) It extends to the whole of British India including British Baluchistan and the Santhal Psrganas.
2. In this Act, unless there is anything re- Definitions. pugnant in the subject or context,-
(1) " articles " means the articles of association of a company as originally framed or as altered by special resolution, including, so far as they apply to the company, the regulations contained (as the case niay be) in Table B in the Schedule annexed to Act No. XIX of 185'7 or
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|||,|.<br>jurisdiction under this Act:|
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|||(4)"debenture"includes debenture stock:<br>(5)"dircotor"includes any person occupying||
||||the position ofadirector by whatever|
||||original civil jurisdiction:|
||||either solely of in common with --any.|
||||other business or businesses:.|
|||(9)"managey"includes any person occupying.-||
||||the position ofamanager by' whatever|
||||name called, and whether undera|
||||contract of service or not:|
|'|.|(10)|(10)"memorandum"means the memorandum|
||||of association of acompany as originally|
||||.-framed orasaltered in pursuance of.|
|||(11)|the provisions of this Act:<br>(11)''0,fficer" includes any director, manager or|
||||secretary but, save in sections235,236,|
||||and237,-does not include_m_auditor:|
(13) cc private company " means a, company which
Source: India Code