Companies Act, 1956
Sec 37 -
Provision as to companies limited by guarantee.
(1) In the case of a company limited by
guarantee and not having a share capital, and registered on or after the first
day of April, 1914, every provision in the memorandum or articles or in any
resolution of the company purporting to give any person a right to participate
in the divisible profits of the company otherwise than as a member shall be
void.
(2) For the purpose of the provisions of this
Act relating to the memorandum of a company limited by guarantee and of this
section, every provision in the memorandum or articles, or in any resolution,
of any company limited by guarantee and registered on or after the first day of
April, 1914, purporting to divide the undertaking of the company into shares or
interests, shall be treated as a provision for a share capital, notwithstanding
that the nominal amount or number of the shares or interests is not specified
thereby.