Act to override memorandum, articles, etc
Section 6 of the Companies Act, 2013 deals with act to override memorandum, articles, etc. Save as otherwise expressly provided in this Act-- (a) the provisions of this Act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a company, or in any agreement executed by it, or in any resolution passed by the company in general meeting or by i The Act came into force on 01 Apr 2014.
Save as otherwise expressly provided in this Act--
(a) the provisions of this Act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a company, or in any agreement executed by it, or in any resolution passed by the company in general meeting or by its Board of Directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of this Act; and
(b) any provision contained in the memorandum, articles, agreement or resolution shall, to the extent to which it is repugnant to the provisions of this Act, become or be void, as the case may be.
Section 6, The Companies Act, 2013 (Act 18 of 2013).
Made under this section, and citing it
9 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- G.S.R. NO. 43(E) Companies share capital and debentures amendment rules 2023 dated 21.01.2023Rule 2023
- G.S.R 643(E) companies Incorporation Third Amendment Rules 2022 dated 18.08.2022Rule 2022
- G.S.R NO. 363 Companies (Incorporation) second Amendment Rules 2022 dated 20.05.2022Rule 2022
- commencement notification dt 21.12.2020Notification 2020
- Amendment of Schedule VII of the Companies Act,2013Notification 2019
- commencment notification dt 14.08.2019 -CA (Amendment) Act 2019Notification 2019
- Commencement notificationNotification 2018
- Chapter II - The Companies (Incorporation) Rules, 2014Rule 2014
- Commencement Notification of the Companies Act, 2013Notification 2014
Another 16 instruments name this provision in its title or its text without being made under it.
- Companies (Indian Accounting Standards) Amendment Rules, 2021.Rule 2021
- Companies (Incorp) Amdt Rules 2020Rule 2020
- Companies (Incorporation) 6th Amendment Rules, 2019Rule 2019
- Companies (Incorporation) Amendment Rules, 2019.Rule 2019
- Companies (Incorporation) Amendment Rules, 2018Rule 2018
- Companies (Incorporation) Amendment Rules, 2017Rule 2017
- Companies (Incorporation) 5th amendment rules 2016 dated 29.12.2016Rule 2016
- Companies (Incorporation) Amendment Rules, 2016. (443 KB)Rule 2016
- Companies (Removal of Difficulties) Fourth Order, 2016Order 2016
- National Company Law Tribunal Rules, 2016Rule 2016
- Chapter IV - The Companies (Share Capital and Debentures) Rules, 2014Rule 2014
- Chapter XXII- The Companies (Registration of Foreign Companies) Rules, 2014.Rule 2014
- Clarification on transitional period for resolutions passed Under the Companies Act, 1956.Circular 2014
- Dissemination of Information with regards to provisions of the Companies Act,2013Circular 2014
- The Companies (Cost Records and Audit) Amendment Rules,2014Rule 2014
- The Companies (cost records and audit) Rules, 2014Rule 2014
Questions about Section 6
What does Section 6 of the Companies Act deal with?
Section 6 of the Companies Act is headed "Act to override memorandum, articles, etc". Save as otherwise expressly provided in this Act-- (a) the provisions of this Act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a company, or in any agreement executed by it, or in any resolution passed by the company in general meeting or by i
How do I find court cases under Section 6 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 6, section 6 Companies Act, section 6 of the Companies Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 6 of the Companies Act, and has it changed?
The rules and notifications made under it are where it actually bites, and there are 9: most recently G.S.R. NO. 43(E) Companies share capital and debentures amendment rules 2023 dated 21.01.2023 (2023), then G.S.R 643(E) companies Incorporation Third Amendment Rules 2022 dated 18.08.2022 (2022), and 7 more.
When did Section 6 of the Companies Act come into force?
Section 6 of the Companies Act, cited as Companies Act 6, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.