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Chp 2- Section 6

Corporate & Other Laws

Can any section of The Companies Act, 2013 state that MOA is superior than the Act ? Just like it is given for AOA here ??

Neha Baliga

CA Inter

★ 16K+

02-Mar-23 20:48

155

Answers (4)

Best Answer

Yes if a section states that MOA is superior than that particular section, then the MOA will be superior. This highlighted line is given only as an example to explain the intent of the section.

Sarthak Aggarwal

CA Inter

★ 9K+

02-Mar-23 20:52

Act is Superior... MoA or AoA can't override Act

Devendra Singh Chundawat

CA Final

★ 755

02-Mar-23 21:00

Devendra Singh Chundawat

Act is Superior... MoA or AoA can't override Act

It can if the Act expressly provides

Thread Starter

Neha Baliga

CA Inter

★ 16K+

02-Mar-23 23:31

Sarthak Aggarwal

Yes if a section states that MOA is superior than that particular section, then the MOA will be superior. This highlighted line is given only as an example to explain the intent of the section.

Thank you

Thread Starter

Neha Baliga

CA Inter

★ 16K+

02-Mar-23 23:31