17817-1910-Supplementary-Bills-read-a-first-time--Companies — Page 76

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the personal representatives, heirs, and devisees of decease. contributories, to the trustees of bankrupt or insolvent contributories, and to the liabilities of husbands and wives respectively, shall apply:

(i) The provisions of this Ordinance with respect

to-

(a) the registration of an unlimited com- pany as limited;

(b) the powers of an unlimited company ou registration as a limited company to increase the nominal amount of its share capital and to provide that a portion of its share capital shall not be capable of being called up except in the event of winding up;

(e) the power of a limites company to determine that a portion of its share capital shall not be capable of being called up except in the event of winding up

shall apply notwithstanding any provisions contained in any Act of Parliament, Orlinance, royal charter, deed of settlement, contract of copartnery, enst book regulations, letters patent, or other instrument constituting or regulating the company :

(ie) Nothing in this section shall authorise the company to alter any such provisions contained in any deed of settlement, contract of copart- nery, cost book regulations, letters patent, or other instrument constituting or regulating the company, as would, if the company had origin- ally been formed under this Ordinance have been required to be contained in the memo- randum and are not authorised to be altered by this Ordinance.

() Nothing in this Ordinance shall derogate from any power of altering its constitution or regula- tions which may by virtue of any Act of Parlia- ment, Ordinance, deed of settlement, contract of copartnery, letters patcut, or other instrument constituting or regulating the company,

be vested in the company,

242.-(1) Subject to the provisions of this section, a Power to company registered in pursuance of t.is Part of this Ordin- substitute ance may by special resolution alter the form of its constitu- memo- tion by substituting a memorandum and articles for a deed of settlement.

randum and articles for deed of settlement.

8 Edw. 7 c.

(2) The provisions of this Ordinance with respect to confirmation by the court and registration of an alteration 9 s. 26k. 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 meшno- randum 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 com- pany's deed of settlement 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 com- pany under this Ordinance.

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(4) In this section the expression "deed of settlement 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.

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