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Section 404 - Effect of alteration of memorandum or articles of company by order under section 397 or 398. - Companies Act, 1956Extract Effect of alteration of memorandum or articles of company by order under section 397 or 398 [1] . 404. (1) Where an order under section 397 or 398 makes any alteration in the memorandum or articles of a company, then, notwithstanding any other provision of this Act, the company shall not have power, except to the extent, if any, permitted in the order, to make without the leave of the [2] [Tribunal] any alteration whatsoever which is inconsistent with the order, either in the memorandum or in the articles. (2) Subject to the provisions of sub-section (1), the alterations made by the order shall, in all respects, have the same effect as if they had been duly made by the company in accordance with the provisions of this Act; and the said provisions shall apply accordingly to the memorandum or articles as so altered. (3) A certified copy of every order altering or giving leave to alter a company's memorandum or articles, shall within [3] [thirty] days after the making thereof, be filed by the company with the Registrar who shall register the same. (4) If default is made in complying with the provisions of sub-section (3), the company, and every officer of the company who is in default, shall be punishable with fine which may extend to [4] [fifty thousand rupees]. ------------------------------------ Notes:- [1] Fees prescribed is Rs. 5000, w.e.f. 1-4-2000. On notification of the commencement of the amendment, power will be transferred to the National Company Law Tribunal. [2] Substituted for Company Law Board by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. Earlier the quoted words were substituted for Court by the Companies (Amendment) Act, 1988, w.e.f. 31-5-1991. [3] Substituted by the Companies (Amendment) Act, 1965, Act 31 of 1965, section 62 and Schedules, for "fifteen" w.e.f. 15-10-1965. [4] Substituted for "five thousand rupees" by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000.
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