Section 378H: Amendment of memorandum
This section is for outlining the process and rules for a Producer Company to amend its memorandum.
The section, clause by clause
What the section says
In plain terms
(1)A Producer Company shall not alter the conditions contained in its memorandum except in the cases, by the mode and to the extent for which express provision is made in this Act.
A Producer Company can only change the conditions in its memorandum in the specific cases and to the extent allowed by this Act.
(2)A Producer Company may, by special resolution, not inconsistent with section 378B, alter its objects specified in its memorandum.
A Producer Company can change its objects as stated in its memorandum by special resolution, as long as it does not conflict with section 378B.
(3)A copy of the amended memorandum, together with a copy of the special resolution duly certified by two directors, shall be filed with the Registrar within thirty days from the date of adoption of any resolution referred to in sub-section (2):
The company must file a copy of the updated memorandum and a certified copy of the special resolution with the Registrar within 30 days of adopting the resolution.
provisoProvided that in the case of transfer of the registered office of a Producer Company from the jurisdiction of one Registrar to another, certified copies of the special resolution certified by two directors shall be filed with both the Registrars within thirty days, and each Registrar shall record the same, and thereupon the Registrar from whose jurisdiction the office is transferred, shall forthwith forward to the other Registrar all documents relating to the Producer Company.
(4)The alteration of the provisions of memorandum relating to the change of the place of its registered office from one State to another shall not take effect unless it is approved by the Central Government on an application in such form and manner as may be prescribed.
If a Producer Company wants to change its registered office from one State to another, the change will not take effect until it is approved by the Central Government in the prescribed form and manner.
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.
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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.