Notice requirements for altering a company's memorandum ensure creditors and debenture-holders can object before filing. Procedural requirements govern petitions under section 17 for alteration of a company's Memorandum of Association: the company must publish and serve notices before filing, prove dispatch and service by affidavit, include a list of creditors and debenture-holders with amounts due, and file affidavits from the secretary and two directors confirming inquiry and correctness of the list; objections must be affidavit-supported and delivered to the Regional Director, who may treat non-response as consent but may permit late objections and pass orders with or without hearing.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Notice requirements for altering a company's memorandum ensure creditors and debenture-holders can object before filing.
Procedural requirements govern petitions under section 17 for alteration of a company's Memorandum of Association: the company must publish and serve notices before filing, prove dispatch and service by affidavit, include a list of creditors and debenture-holders with amounts due, and file affidavits from the secretary and two directors confirming inquiry and correctness of the list; objections must be affidavit-supported and delivered to the Regional Director, who may treat non-response as consent but may permit late objections and pass orders with or without hearing.
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