Cos 14 — Alteration of articles

Companies Act, 2013

Statutory text

(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:

[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

[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.

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