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Banking Regulation Act, 1949 · Section guide

Section 5A: Act to override memorandum, articles, etc.

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 5A — Act to override memorandum, articles, etc.. Overrides a banking company’s memorandum, articles, agreements and resolutions to the extent they are repugnant. To the Act; private governance documents cannot contract out of a statutory banking restriction.

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

Overrides a banking company’s memorandum, articles, agreements and resolutions to the extent they are repugnant to the Act.

Condition / limitation

private governance documents cannot contract out of a statutory banking restriction.

Source and effective-date control

Apply the wording of Section 5A that was in force on the event date; use the official Act and any applicable commencement/amending instrument linked on this page.

Professional application

Explain overriding effect on memorandum, articles, agreements and resolutions; show the extent of invalidity.

Evidence / working-paper checklist

  • Section 5A evidence: entity constitution/classification records.
  • Section 5A evidence: the event date and applicable statutory version.
  • Section 5A evidence: the other law said to apply alongside or override this Act.
  • Section 5A evidence: the Gazette/notification relied on for any suspension or commencement point.

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

Common mistakes to avoid

  • For Section 5A, avoid assuming that RBI regulation automatically displaces another statute.
  • For Section 5A, avoid using a current definition for an event governed by older wording.
  • For Section 5A, avoid treating a notification-based exception as permanent or entity-wide without reading its conditions.

Current-law source control

Source control: Section 5A 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 5A 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.