SIDDHI GAWDE 03 May 2021

Can a company be registered under Companies Act 1956

Hi,
If a company is planning to register in the year after Companies Act 2013 is levied.
Can a company get registered in the old Act viz. Companies Act 1956?

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10 Replies

M V Gupta (Advocate) 03 May 2021

You know that the Companies Act 1956 has been repealed and new Act of 2013 has come into force. How can you register your company under the repealed Act? Question uncalled for.

1 Like

Advocate Bhartesh goyal (advocate) 03 May 2021

Vague query.......

Sankaranarayanan (Advocate) 03 May 2021

State the facts clearly

Trivendra Sharma (Practicing Lawyer 9918411669) 03 May 2021

Simople Answer No

kavksatyanarayana (subregistrar/supdt.(retired)) 03 May 2021

Yes. Agreed with the advice of learned expert Mr.MV Gupta sir.

Dr J C Vashista (Advocate) 04 May 2021

Well analysed, opined and advised by expert Mr. M V Gupta, I agree and appreciate.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 04 May 2021

When a new act is passed in the place of an old act, the new act shall be universally applicable and the old act is no longer can be invoked for any new companies. Even the existing companies need to follow the rules and guidelines as per the new act of 2013 and cannot claim that the new rules are not applicable to them merely because they were incorporated under the old act.

Therefore, to answer your academic question ( I am sure it is an academic question), I shall say "NO". If anybody in India wishes to incorporate a new company, they need to do so in terms of the Indian Companies Act 2013 only.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 May 2021

When statutes are repealed, their text is simply deleted from the Code and replaced by a note summarizing what used to be there. Once deleted, the repealed statute no longer has the force of law.

T. Kalaiselvan, Advocate (Advocate) 04 May 2021

As properly opined by experts above, there is no law at all by which you would like to register your company, how can you register the company. If you want to register your company you may have register it based on the prevailing law only