Companies Act Section 9 — Effect of registration

Summary

From the date of incorporation shown in the certificate of incorporation, the people who signed the memorandum and anyone else who later becomes a member of the company together form a single legal entity, known by the name in the memorandum. This entity can do everything an incorporated company can do under this Act, continues to exist permanently (it does not end when members change), and has the power to buy, hold, and sell property of any kind—movable or immovable, tangible or intangible—to make contracts, and to sue or be sued in its own name.

Official Text

From the date of incorporation mentioned in the certificate of incorporation, such subscribers to the memorandum and all other persons, as may, from time to time, become members of the company, shall be a body corporate by the name contained in the memorandum, capable of exercising all the functions of an incorporated company under this Act and having perpetual succession 1*** with power to acquire, hold and dispose of property, both movable and immovable, tangible and intangible, to contract and to sue and be sued, by the said name.

Related Judgments

• having its office at 604/605; Keshava, 6th Floor, Bandra Kurla; Commer vs 1. The State of Maharashtra, Mantralaya, Mmumbai 400 032., 2. The Comm — Bombay High Court (Mumbai Principal Seat) (2009)
• DHANASINGH PRABHU vs CHANDRASEKAR & ANOTHER — Supreme Court of India (2025)
• Urban Infrastructure Trustees Ltd. vs Joyce Realtors Pvt. Ltd — Bombay High Court (Mumbai Principal Seat) (2015)
• KARAM CHAND THAPAR & BROS. (COAL SALES) LIMITED vs STATE OF UTTAR PRADESH AND ANOTHER — Supreme Court of India (1976)