Amended and updated notes on section 355 of Companies Act 2013. Detail discussion on provisions and rules related to court, tribunal or person, etc., before whom affidavit may be sworn.
Chapter XX (Section 270–365) of the Companies Act, 2013 (CA 2013) deals with the provisions related to winding up. Section 355 of CA 2013 provides for court, tribunal or person, etc., before whom affidavit may be sworn.
Recently, we have discussed in detail section 354 (Meetings to ascertain wishes of creditors or contributories) of CA 2013. Today, we learn the provisions of section 355 of the Companies Act 2013.
The provisions of section 355 are effective from 15th December, 2016. You may refer Notification No. S.O. 3677(E) issued dated 7-12-2016. In this article, you will learn detail of the provisions of section 355 the Companies Act 2013.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XX |
| Chapter Name | Winding Up |
| Section No. | 355 |
| Section Name | Court, tribunal or person, etc., before whom affidavit may be sworn |
| Monthly Updated Edition | Company Law PDF |
Section 355 of Companies Act 2013: Court, tribunal or person, etc., before whom affidavit may be sworn
Section 355 shall come into force on 15th December, 2016 vide Notification No. S.O. 3677(E) dated 07.12.2016.
(1) Any affidavit required to be sworn under the provisions, or for the purposes, of this Chapter may be sworn—
- (a) in India before any court, tribunal, judge or person lawfully authorised to take and receive affidavits; and
- (b) in any other country before any court, judge or person lawfully authorised to take and receive affidavits in that country or before an Indian diplomatic or consular officer.
(2) All tribunals, judges, Justices, commissioners and persons acting judicially in India shall take judicial notice of the seal, stamp or signature, as the case may be, of any such court, tribunal, judge, person, diplomatic or consular officer, attached, appended or subscribed to any such affidavit or to any other document to be used for the purposes of this Chapter.