22 September 2013
After the commencement of certain sections of Companies Act 2013, is the following paragraph sufficient to indicate that certain provisions in the AOA also will be as per Companies Act 2013? If not, then what should I add?
"The Act" means the Companies Act, 1956 including Schedule Rules and Forms there under and includes where the context so admits any reenactment or statutory modification thereof tor the time being in force.
22 September 2013
Not sufficient because sections in the 1956 Act which corresponds to the sections of the 2013 Act which came into force from 12.9.2013 were repealed.
Therefore, section wise reference of the 2013 Act should be in the para given by you as example.
22 September 2013
If I write the it like this: "The Act" means the Companies Act, 1956 including Schedule Rules and Forms there under except those sections which corresponds to the Sections of the Companies Act, 2013 made effective from 12/09/2013 and includes those sections of the Companies Act, 2013 which came into force from 12/09/2013 and includes where the context so admits any reenactment or statutory modification thereof tor the time being in force.