338
for "Act" for "Act"
་
for "Act"
added
for "Act"
do
do
do
added
for "Act"
do.
do.
Power to substitute
memoran-
duin and articles for deed of settlement. 19 & 20 Geo. 5, c. 23. s. 334.
Power of court to stay or restrain
120
(5) Nothing in this section shall authorise the company to alter any such provisions contained in any instrument constituting or regulating the company, as would, if the company had originally been formed under this Qrdinance have been required to be contained in the memorandum and are not authorised to be altered by this Ordinance.
(6) Nothing in this Ordinance shall derogate froin: any power of altering its constitution or regulations: which may, by virtue of any. Ordinance, Act of Parliament or other instrument constituting or regu- lating the company, be vested in the company.
(7) In this section the expression "instrument" includes deed of settlement, contract of co-partnery, cost-book regulations and letters patent.
309.-(1) Subject to the provisions of this section, a company registered in pursuance of this Part of this Ordinance may by special resolution alter the form of its constitution by substituting a memorandum and articles for a deed of settlement.
(2) The provisions of this Ordinance with respect to confirmation by the court and registration of an alteration of the objects of a company shall so far as applicable apply to an alteration under this section with the following modifications :-
(a) There shall be substituted for the printed copy of the altered memorandum required to be delivered to the registrar of companies a printed copy of the substituted memorandum and articles; and
(b) On the registration of the alteration being certified by the registrar the substituted memorandum and articles shall apply to the company in the same manner as if it were a company registered under this Ordinance with that memorandum and those articles, and the company's deed of settlemnt shall cease to apply to the company.
(3) An alteration under this section may be made either with or without any alteration of the objects of the company under this Ordinance.
"
'deed of settle-
(4) In this section the expression ment" includes any contract of copartnery or other instrument constituting or regulating the company, not being an Ordinance, Act of Parliament, a royal charter, or letters patent.
310. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a proceedings winding-up order shall, in the case of a company registered in pursuance of this Part of this Ordinance. where the application to stay or restrain is by a credi- tor, extend to actions and proceedings against any contributory of the company.
19 & 20 Geo. 5, c. 23, s. 335.
Actions stayed on winding-up order
19 & 20 Geo.
5 c. 23.
s. 336.
311. Where an order has been made for winding up a company registered in pursuance of this Part of this Ordinance, no action or proceeding shall be com- menced or proceeded with against the company or any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.
1