Companies Act, 1956
Sec 579 - Power to substitute memorandum and articles for
deed of settlement.
(1) Subject to the provisions of this section,
a company registered in pursuance of this Part may, by special resolution,
alter the form of its constitution by substituting a memorandum and articles
for a deed of settlement.
(2) The provisions of sections 17 and 19 with
respect to an alteration of the objects of a company shall, so far as
applicable, apply to any alteration under this section with the following
modifications:-
(a) there shall be substituted for the printed
copy of the altered memorandum required to be filed with the Registrar a
printed copy of the substituted memorandum and articles; and
(b) on the registration of the alteration
being certified by the Registrar, the substituted memorandum and articles shall
apply to the company in the same manner as if it were a company registered
under this Act with that memorandum and those articles, and the company's deed
of settlement shall cease to apply to the company.
(3) An alteration under this section may be
made either with or without any alteration of the objects of the company under
this Act.
(4) In this section, the expression "deed
of settlement" includes any deed of partnership, Act of Parliament of the
United Kingdom, Royal Charter or Letters Patent, or other instrument
constituting or regulating the company, not being an Act of Parliament or other
Indian law.