AoA alteration Flashcards

(3 cards)

1
Q

Alteration of Article Section

A

14
no co can deprive itself of this right
alter the articles but it should not exceed the boundaries of memorandum

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2
Q

alteration of articles restrictions

A

-1must not exceed authority of memorandum
- 2must not be inconsistent with the provisions of companies act
- 3must not go against the orders of the tribunal
-4alterations must not be unlawful, opposed to public policy
- 5alterations may be in retrospective if it is bonafide for co as a whole
6 alteration must not enable bod to expel any member
7 alteration must not enable a company to commit breach of contract to avoid contractual liability
8 alteration must not compel existing shareholders to subscribe to more shares
9 alteration must not constitute fraud against minority
10 alteration should be for the bonafide of the co as a whole

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3
Q

alteration should not enable a co to comitt breach of contract case law

A

southern foundries ltd vs shirlaw

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