TABLE F(Regulation 83) is automatic applicable if article is slient? for which company TABLE F is applicable??

1. “A company may pay dividend in PROPORTION to amount paid on share, if the company is AUTHORISED by ARTICLE”
2. “Regulation 83 TABLE F says dividend shall be paid on paid up value of share”
3. so IF  the Article is silent and Table F is not applicable to company, then dividend shall be paid on nominal value of share, irrespective of amount paid on share.
source : Munish bhandari book(LAW)
Now my question is whether table F is applicable to all company? whether it is automicatially applicable to all company or have to adopt by some procedure? is there any case where TABLE F is not applicable??
sir pls explain table f , it confuse me in so many section. thank u

3 answers

Ravi Staff October 7, 2017

Section 5
Sub section
(6) The articles of a company shall be in respective forms specified in Tables F, G, H, I and J in Schedule I as may be applicable to such company.
(7) A company may adopt all or any of the regulations contained in the model articles applicable to such company.
(8) In case of any company, which is registered after the commencement of this Act, in so far as the registered articles of such company do not exclude or modify the regulations contained in the model articles applicable to such company, those regulations shall, so far as applicable, be the regulations of that company in the same manner and to the extent as if they were contained in the duly registered articles of the company.
 
From 5 / 6 / 7 it is clear that regulations in tables are applicable unless company specifically exclude or modify regulations in its registered articles.
TABLE F — ARTICLES OF ASSOCIATION OF A COMPANY LIMITED BY SHARES
So it is applicable to all companies private or listed which are limited by shares.
 

#1
Audit Staff October 9, 2017

3. so IF  the Article is silent and Table F is not applicable to company, then dividend shall be paid on nominal value of share, irrespective of amount paid on share.
i got from above ans that if article is silent on particular matter, TABLE F shall be automatic applicable as if it contained in article. Right?
but here it is said that article is also silent and table f also not applicable. how it can be possible? in such case table f should be automatic applicable. but it says table f is not applicable…
sir please clarify

#2
Ravi Staff October 9, 2017

it can happen, that article makes one one at start table F NOT applicable and then silent about dividend payment

#3

Please login here to Submit Answer