at 12:35 AM

Conclusiveness of “Certificate of Incorporation”- Sec.35; Companies Act,1956

Once an association attains Certificate of Incorporation; no inquiry shall be held justifiable for checking the particulars behind the certificate since same shall be deemed to be genuine and correct.
The Company that has once gained Certificate of Incorporation can not be challenged in any court for the same
Certificate of Incorporation once issued signifies:
  • Concerned organization is eligible to be registered
  • Concerned organization is registered under Companies Act,1956
  • All requirements have been fulfilled
Case laws relating to Section 35 are-
  • Jubilee Cotton Mills v. Lewis
  • Moosa v. Ebrahim
It should be noted that as per Section 35; Certificate of Incorporation is conclusive, and not Memorandum

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