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Urgent

03 December 2013

HI,

How do we draft a resolution now that some of the provisions of the new Act have been notified and others have not.Should the wordings now become "Pursuant to the provisions of Companies Act 1956 and any other provision of Companies Act 2013" or do we continue to write pursuant to the provisions of Companies Act 1956??

For example for appointment of managing director, MD definition has been notified iin the new Act but nothing has been mentioned regarding their appointment in the new Act.So what to do in such cases?

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2 Replies

Ankit (CA, CS) (3064 Points)
Replied 03 December 2013

Dear Sayali,

Yes since certain sections of the Co Act 2013 are notified, the corresponding sections of the companies act 1956 cease to have effect. This is confirmed by a notification issued by the MCA.

So in places where the sections of the companies act 2013 are notified, you have to ignore the provisions of 1956 Act.

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Vaiibhav Gupta (Founder & Promoter JSR Fincon Inc) (89 Points)
Replied 03 December 2013

Dear Sayali, Instead of Mentioning Companies act 1956, u shld mention Companies Act 2013,

Originally posted by : CS Sayali
	HI, How do we draft a resolution now that some of the provisions of the new Act have been notified and others have not.Should the wordings now become "Pursuant to the provisions of Companies Act 1956 and any other provision of Companies Act 2013" or do we continue to write pursuant to the provisions of Companies Act 1956?? For example for appointment of managing director, MD definition has been notified iin the new Act but nothing has been mentioned regarding their appointment in the new Act.So what to do in such cases?