F. No. 1/13/2013-CL. (2) A duplicate certificate of shares may be issued, if such certificate — (a) is proved to have been lost or destroyed; or (b) … Continue reading Section 46.Certificate of shares. (a) “the Act” means the Companies Act, 2013, (b) “the seal” means the common seal of the company. A Company incorporated under the Companies Act , 2013 is vested with corporate personality so it bears it’s own name and acts under the name , therefore a Company being an artificial person requires a common seal to be affixed on various agreements which binds the Company . A company is a separate legal entity distinct from it’s members . This article talks about share capital and types of share capital under The Companies Act, 2013. Now, with The Companies (Amendment) Act, 2015 coming into force the common seal is no more mandatory.it has been made optional. → since they are registered in India. 1/6/2015-CL.V dated 29th May, 2015. Share Capital. From the commencement of the Companies (Amendment) Act, 2015 (21 of 2015), i.e. Substituted for “issued under the seal of the company” by the Companies (Share Capital and Debentures) Second Amendment Rules, 2015 vide Notification No. The use of common seal at various places as approved and done is to be recorded in a register, it is called the register of common seal. Substituted for “issued under the common seal of the company” by the Companies (Amendment) Act, 2015 vide Notification F. No. Under the Companies Act, 2013, in this regard, Section 22(ii) states that a company may, by writing under its Common Seal, authorize any person, either generally or in respect of any specified matters, as its attorney to execute other deeds on its behalf in any place either in or outside India. The common seal is like a signature of such company. However, under the new Companies Act, 2013, the companies are not required to have their common seal mandatorily. Common Seal Optional: Companies Act, 2013 required common seal to be affixed on certain documents (such as a bill of exchange, share certificates, etc.) The Companies (Amendment) Act, 2015. Under the erstwhile Companies Act, 1956, the companies were compulsorily required to have their common seal for various authorisation purposes as prescribed under the Act. with effect from the 29th May, 2015, companies are not be required to have “common seal” by virtue of registration under the Companies Act, 2013. The Companies (Amendment) Act, 2015 has made the common seal optional by omitting the words “and a common seal” from Section 9 so as to provide an alternative mode of authorization for companies who opt not to have a common seal. By the said Amendment Act few sections of the Companies Act,2013, have been amended. The Companies registered under the Companies Act, 2013, can be called as a Company or as a Body Corporate for e.g.- Tata Consultancy Services Limited, Reliance Communications Ltd. etc. The companies are not mandatorily required to have a common seal as per the Companies Act, 2013 with the enactment of the Companies (Amendment) Act, 2015. (1) A certificate, issued under the common seal of the company, specifying the held by any person, shall be prima facie evidence of the title of the person to such shares.

common seal under companies act, 2013

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