Section 40 – The Companies Act,1956

The Companies Act, 1956

40. Alteration of memorandum or articles, etc., to be noted in every copy.

(1) Where an alteration is made in the memorandum or articles of a company, 1[***] or any resolution, referred to in section 192, every copy of the memorandum, articles, agreement or resolution issued after the date of the alteration shall be in accordance with the alteration.

(2) If, at any time, the company issues any copies of the memorandum, articles, resolution or agreement, which are not in accordance with the alteration or alterations made therein before that time, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to 1[one hundred rupees] for each copy so issued.

1. Certain words omitted by Act 53 of 2000, sec. 11 (w.e.f. 13-12-2000).

2. Subs. by Act 53 of 2000, sec. 11, for “ten rupees” (w.e.f. 13-12-2000).

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