Amended and updated notes on section 378 of Companies Act 2013. Detail discussion on provisions and rules related to saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases.
Chapter XXI PART-2 (Section 375–378) of the Companies Act, 2013 (CA 2013) deals with the provisions related to winding up of unregistered companies. Section 378 of CA 2013 provides for saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases.
Recently, we have discussed in detail section 377 (Provisions of Chapter cumulative) of CA 2013. Today, we learn the provisions of section 378 of the Companies Act 2013.
The provisions of section 378 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 378 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. | XXI (PART-II) |
| Chapter Name | Winding up of unregistered Companies |
| Section No. | 378 |
| Section Name | Saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases |
| Monthly Updated Edition | Company Law PDF |
Section 378 of Companies Act 2013: Saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases
Section 378 shall come into force on 15th December, 2016 vide Notification No. S.O. 3677(E) dated 07.12.2016.
Nothing in this Part, shall affect the operation of any enactment which provides for any partnership firm, limited liability partnership or society or co-operative society, association or company being wound up, or being wound up as a company or as an unregistered company, under the Companies Act, 1956, or any Act repealed by that Act:
Provided that references in any such enactment to any provision contained in the Companies Act, 1956 or in any Act repealed by that Act shall be read as references to the corresponding provision, if any, contained in this Act.