The Indian Companies Act 1913, 7 of 1913, (Rep., Act 1 of 1956)

Section 2. In this Act, unless there is anything re- Definitions. pugnant in the subject or context,

Repealed or not in force · As amended up to 2026-08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 " i 1 -3 `I` i I 1 i / 1 , ! I I . . " . 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. . ' .., `4` , . , . a 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 i i i i I `1` i 1 . 'i 1 1 j I I 1 : 1 3 i |||,|.<br>jurisdiction under this Act:| |---|---|---|---| |||(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