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Section 38 – THE COMPANIES (COURT) RULES, 1959

PART II : PROCEEDINGS IN MATTERS OTHER THAN WINDING-UP

Confirmation of alteration of memorandum of a company

(Sections 17 to 19)

38. Form of petition under section 17 and Summons for directions

A petition under section 17 to confirm an alteration of the memorandum of a company shall set out succinctly particulars of its registration, its share capital where it has a share capital, the original objects and the alterations proposed to be effected, the passing of the special resolution and the reasons for the alteration, the debentures, if any, issued by the company and its present financial position. The petition shall be in Form No. 11. It shall be accompanied by a summons for directions and shall be supported by an affidavit in Form No. 12.

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