You are viewing the translated version of प्रबन्धपत्र वा नियमावलीमा संशोधन.
Section 21
Amendment to Articles of Association or Regulations
: (1) The general meeting of the company may amend the articles of association or regulations subject to section 6 by passing a special resolution.
(2) According to sub-section (1), the company shall inform the office within thirty days of the amendment of the articles of association or regulations, and the office shall record and inform the relevant company within seven days of receiving such information.
(3) Notwithstanding anything written in sub-section (2), if a company needs to amend its name, it shall pass a special resolution in the general meeting and submit an application for the prior approval of the office along with the prescribed documents and if the office approves the amendment of the name according to the application so received, the company The name will be revised.
(4) If he is not satisfied with the amendment made in the purpose of the public company, the shareholder of that company may file an application with the court to declare the amendment invalid, if he fulfills the following conditions:-
(a) The shareholder or shareholders holding at least five percent of the paid-up capital of the company, apart from the shareholders who consent to or vote for the amendment or change, should apply,
(b) The application should be submitted within twenty one days after the resolution to amend the purpose of the company is passed (c) When someone makes a request on behalf of one or more shareholders who have the right to make a request, the person authorized in writing for that purpose should make the request.
(5) Unless the court is satisfied that the company has been informed about the conduct, date, time and place of the application given under sub-section (4), the application will not be heard. But if it is seen from the documents submitted before the court that the relevant company did not understand the notice, it will not hinder the hearing from the court.
(6) If an application is made to the court in accordance with sub-section (4), the amendment made to the purpose of the company will not be effective until the court makes a final decision or order on the matter.
(7) The following terms and conditions shall be met by the court on the application under sub-section (4).may issue an appropriate order specifying Rs (a) To declare the amendment in the purpose of the company wholly or partially valid or invalid,
(b) For the company to purchase the shares and other rights taken by the shareholders who disagree with the change of the main purpose of the company and apply according to sub-section (4) at a reasonable price,
(c) In the case of a company that does not have such amount, when purchasing shares as per Clause (b), it should be done from the amount specified in Sub-section (2) of Section 61, and in the case of a company that does not have such amount, to the extent that the company passes a special resolution and purchases shares in such manner, to give an order to reduce the capital of the company to the extent that the share capital is considered to be reduced and such If there is an order, the company will have to amend its articles of association and regulations subject to the provisions of this Act.
(8) Notwithstanding anything written elsewhere in this Act, if an order has been issued to fully or partially cancel the decision taken by the company to amend the purpose of the company in accordance with the order of the court, the company shall not be able to amend the articles of association or regulations in that matter without the permission of the court or contrary to the order of the court. .
(9) If changes are made in the articles of association or regulations of the company by the order of the court, or if the amendments made by the company are fully or partially approved by the court, such changes or approvals shall be implemented as if they were changed or approved by the general meeting of the company itself.
(2) According to sub-section (1), the company shall inform the office within thirty days of the amendment of the articles of association or regulations, and the office shall record and inform the relevant company within seven days of receiving such information.
(3) Notwithstanding anything written in sub-section (2), if a company needs to amend its name, it shall pass a special resolution in the general meeting and submit an application for the prior approval of the office along with the prescribed documents and if the office approves the amendment of the name according to the application so received, the company The name will be revised.
(4) If he is not satisfied with the amendment made in the purpose of the public company, the shareholder of that company may file an application with the court to declare the amendment invalid, if he fulfills the following conditions:-
(a) The shareholder or shareholders holding at least five percent of the paid-up capital of the company, apart from the shareholders who consent to or vote for the amendment or change, should apply,
(b) The application should be submitted within twenty one days after the resolution to amend the purpose of the company is passed (c) When someone makes a request on behalf of one or more shareholders who have the right to make a request, the person authorized in writing for that purpose should make the request.
(5) Unless the court is satisfied that the company has been informed about the conduct, date, time and place of the application given under sub-section (4), the application will not be heard. But if it is seen from the documents submitted before the court that the relevant company did not understand the notice, it will not hinder the hearing from the court.
(6) If an application is made to the court in accordance with sub-section (4), the amendment made to the purpose of the company will not be effective until the court makes a final decision or order on the matter.
(7) The following terms and conditions shall be met by the court on the application under sub-section (4).may issue an appropriate order specifying Rs (a) To declare the amendment in the purpose of the company wholly or partially valid or invalid,
(b) For the company to purchase the shares and other rights taken by the shareholders who disagree with the change of the main purpose of the company and apply according to sub-section (4) at a reasonable price,
(c) In the case of a company that does not have such amount, when purchasing shares as per Clause (b), it should be done from the amount specified in Sub-section (2) of Section 61, and in the case of a company that does not have such amount, to the extent that the company passes a special resolution and purchases shares in such manner, to give an order to reduce the capital of the company to the extent that the share capital is considered to be reduced and such If there is an order, the company will have to amend its articles of association and regulations subject to the provisions of this Act.
(8) Notwithstanding anything written elsewhere in this Act, if an order has been issued to fully or partially cancel the decision taken by the company to amend the purpose of the company in accordance with the order of the court, the company shall not be able to amend the articles of association or regulations in that matter without the permission of the court or contrary to the order of the court. .
(9) If changes are made in the articles of association or regulations of the company by the order of the court, or if the amendments made by the company are fully or partially approved by the court, such changes or approvals shall be implemented as if they were changed or approved by the general meeting of the company itself.