Section 17: Copies of memorandum, articles, etc., to be given to members

Companies Act, 2013 · Chapter II: Incorporation Of Company And Matters Incidental Thereto · In force

This section requires companies to provide members with copies of certain documents upon request, and imposes penalties for non-compliance.

The section, clause by clause

What the section says

In plain terms

(1)A company shall, on being so requested by a member, send to him within seven days of the request and subject to the payment of such fees as may be prescribed, a copy of each of the following documents, namely:— (a) the memorandum;

A company must send a copy of the memorandum, articles, and certain agreements and resolutions to a member within 7 days of their request, if they pay the prescribed fee.

(1)(b)the articles; and

(1)(c)every agreement and every resolution referred to in sub-section (1) of section117, if and in so far as they have not been embodied in the memorandum or articles.

(2)If a company makes any default in complying with the provisions of this section, the company and every officer of the company who is in default shall be liable for each default, to a penalty of one thousand rupees for each day during which such default continues or one lakh rupees, whichever is less.

If a company fails to comply with this requirement, it and its defaulting officers will be liable for a penalty of 1,000 rupees per day or 1 lakh rupees, whichever is less.

The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.

Amendment notes

1. Subs. by Act 22 of 2019, s. 5, for the Proviso (w.e.f. 2-11-2018).
2. Subs. by s. 5, ibid., for “Tribunal” (w.e.f. 2-11-2018).
3. Subs. by Act 29 of 2020, s. 4, for “period of six months” (w.e.f.1-9-2021).
4. Subs. by s. 4, ibid., for sub-section (3) (w.e.f. 1-9-2021).

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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.