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indian companies act, 1913

Guest (Querist) 18 September 2010 This query is : Open 
my client is an association which is registered U/s. 26 of The Indian Companies Act, 1913. Admittedly, it will be an existing company under The Companies Act, 1956. However, sir, i'm encountering a novel problem in the form of follwing questions concerning the said association :

1. The said company has dropped the word 'Ltd.' U/s. 25 of the companies act, 1956. now the said company does not have any director of it much less any board of director. Can a company be run without board of directors ? Be it noted that, the said company is a public company limited by guarantee and that it has president and secretary and the total body comprises of 21 members in toto, in accordance with the bye-laws of the said association ?

2. what is the legal status of the said association ? It is interesting to note that the said association is neither a trust, nor a society nor an agriculutrual produce marketing committee ?

3. can a company registered under the indian companies act, 1913 be continued under the new act of 1956. if yes what are the conditions, if any, imposed on it ?

4. How and what will be the fate of the president, secretary and other office bearers of the said association, if it turns out to be an illegal association ?


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