14Alteration of articles
(1) Subject to the provisions of this Act and the conditions contained in its memorandum, if any, a company may, by a special resolution, alter its articles including alterations having the effect of conversion of--
(a) a private company into a public company; or
(b) a public company into a private company:
Provided that where a company being a private company alters its articles in such a manner that they no longer include the restrictions and limitations which are required to be included in the articles of a private company under this Act, the company shall, as from the date of such alteration, cease to be a private company:
1[Provided further that any alteration having the effect of conversion of a public company into a private company shall not valid unless it its approved by an order of the Central Government on an application made in such form and manner as may be prescribed:
Provided also that any application pending before the Tribunal, as on the date of commencement of the Companies (amendment) Act, 2019, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement.]
(2) Every alteration of the articles under this section and a copy of the order of the 2[Central Government] approving the alteration as per sub-section (1) shall be filed with the Registrar, together with a printed copy of the altered articles, within a period of fifteen days in such manner as may be prescribed, who shall register the same.
(3) Any alteration of the articles registered under sub-section (2) shall, subject to the provisions of this Act, be valid as if it were originally in the articles.
Download our fully-offline, High speed android app.- Click here
1. Subs. by Act 22 of 2019, s. 5, for the Proviso (w.e.f. 2-11-2018).
2. Subs. by s. 5, ibid., for "Tribunal" (w.e.f. 2-11-2018).
- 3 Formation of company
- 3A Members severally liable in certain cases
- 4 Memorandum
- 5 Articles
- 6 Act to override memorandum, articles, etc
- 7 Incorporation of company
- 8 Formation of companies with charitable objects, etc
- 9 Effect of registration
- 10 Effect of memorandum and articles
- 11 [Omitted]
- 12 Registered office of company
- 13 Alteration of memorandum
- 14 Alteration of articles
- 15 Alteration of memorandum or articles to be noted in every copy
- 16 Rectification of name of company
- 17 Copies of memorandum, articles, etc., to be given to members
- 18 Conversion of companies already registered
- 19 Subsidiary company not to hold shares in its holding company
- 20 Service of documents
- 21 Authentication of documents, proceedings and contracts
- 22 Execution of bills of exchange, etc