Skip to main content
Home › Indian Laws › Banking Regulation Act, 1949 › Section 49C
Banking Regulation Act, 1949 · Section guide

Section 49C: Alteration of memorandum of a banking company

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 49C — Alteration of memorandum of a banking company. Provides a special route for alteration of a banking company’s memorandum, subject to regulatory. Approval/control under the Act rather than company law alone.

Official statute linkedProvision-specific anatomyPractical case + evidence file
Official text: DFS consolidated Act

Statutory structure and provision map

This map is a provision-specific explanation, not a substitute for the exact statutory text.

Core statutory rule

Provides a special route for alteration of a banking company’s memorandum, subject to regulatory approval/control under the Act rather than company law alone.

Condition / limitation

How to read the provisionSection 49C: read the operative proposition with its defined terms and cross-references in the official Act.

Timing / amount / process

Boundary of the ruleDo not expand Section 49C by analogy; distinguish statutory text from stricter policy or later RBI requirements.

Professional application

Map memorandum alteration controls, certification and filings; connect to Sections 5A/49B where useful.

Evidence / working-paper checklist

  • Section 49C evidence: the statutory event document.
  • Section 49C evidence: the competent authority record.
  • Section 49C evidence: any rule/notification governing the event.
  • Section 49C evidence: dated conclusion and supporting official source.

Retain the event date and source version with the file so the conclusion remains reproducible after later amendments.

Common mistakes to avoid

  • For Section 49C, avoid relying only on the marginal heading.
  • For Section 49C, avoid ignoring an express exception or cross-reference.
  • For Section 49C, avoid recording a conclusion without the primary source and event date.

Current-law source control

Source control: Section 49C is anchored to the official DFS consolidated text; later changes require separate Gazette verification.

Dated matters: verify any later Gazette, RBI direction or binding judgment affecting Section 49C on the event date.

Disclaimer

This Finin2min page is an educational and professional reference. Banking regulation is fact-, entity- and date-sensitive. Verify the current Act, Gazette amendments and commencement notifications, applicable RBI Rules/directions and the transaction record before acting or filing.