CORPORATE LAW AUTHORITY
PART
III - 1[CORPORATE LAW AUTHORITY]
11. 2Deleted.
12.
Powers and functions of the Commission.- (1) The Commission shall
exercise and perform
such powers and functions as are conferred on it by or under this
Ordinance or any
other law.
(2) Notwithstanding
anything contained in any other law, and without
prejudice to the
generality of the foregoing provisions, the Federal Government may, by
notification in the
official Gazette, direct that all or any of the powers and functions
conferred on the
Federal Government or any of the officer of the Federal Government
under any law shall,
subject to such limitations, restrictions or conditions, if any, as it may
from time to time
impose, be exercised or performed by the Commission.
(3) to (7). 3Deleted.
13.
Reference by the Federal Government or Commission to the
Court.-
(1) Without prejudice to the powers, jurisdiction and authority
exercisable by the
Federal Government or
the Commission under this ordinance, the Federal Government or
the Commission, as
the case may be, may make a reference to the Court, on any question
or matter which the
Government or the Commission considers to be of special
significance requiring
orders, determination or action concerning the affairs of a company
or any action of any
officer thereof.
Explanation: In
this sub-section "officer" includes an auditor, liquidator or agent
of the company.
(2) Where a reference
is made to the Court under sub-section (1), the Court
may make such order
as it may deem just and equitable under the circumstances.
1 Reference
to 'Corporate Law Authority' deemed to mean and refer to the 'Securities and
Exchange Commission
of Pakistan' in terms
of provisions of section 43 (a) of SEC Act, 1997.
2 Deleted
by Securities and Exchange of Pakistan Act, 1997.
3 Omitted
through Securities and Exchange of Pakistan Act, 1997.
Companies Ordinance,
1984
14
PART
IV - INCORPORATION OF COMPANIES AND MATTERS
INCIDENTAL
THERETO
14.
Obligation to register certain associations, partnerships etc., as
companies.-
(1) No association partnership or company, consisting of more than
twenty
persons shall be
formed for the purpose of carrying on any business that has for its object
the acquisition of
gain by the association, partnership or company, or by the individual
members thereof,
unless it is registered as a company under this Ordinance.
(2) Every person who
is a member of any association, partnership of
company carrying on
business in contravention of the provisions of this section shall be
punishable with fine
which may extend to five thousand rupees and also be personally
liable for all the
liabilities incurred in such business.
(3) Nothing in this
section shall apply to—
(a) any society, body
or association, other than a partnership, formed or
incorporated under
any other Pakistan law; or
(b) a joint family
carrying on joint family business; or
(c) a partnership of
two or more joint families where the total number of
members of such
families, excluding the minor members, does not exceed
twenty; or
1[(d)
a partnership formed to carry on practice as lawyers, accountants or any
other profession
where practice as a limited liability company is not
permitted under the
relevant laws or regulations for such practice.]