COMPANIES.
No. 58 of 1911.
2189
ment constituting or regulating the company, as would, if the company had originally been formed under this Ordinance have been required to be contained in the memorandum and are not authorised to be altered by this Ordinance.
(v) Nothing in this Ordinance shall derogate from any power of altering its constitution or regulations which may by virtue of any Act of Parliament, Ordinance, deed of settlement, contract of copartnery, cost book regulations, letters patent, or other instrument constituting or regulating the company, be vested in the company.
substitute
242.—(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.
Power to alter deed of settlement.
8 Edw. 7 c. 69 s. 264.
(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 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 company under this Ordinance.
includes
(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.
243. 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 winding-up order shall, in the case of a company registered in pursuance of this Part of this Ordinance where the
Power of Court to stay or restrain proceedings.
ib. s. 265.
Page 115
Page 116
COMPANIES.
No. 58 of 1911.
2189
ment constituting or regulating the company, as would, if the com- pany had originally been formed under this Ordinance have been required to be contained in the memorandum and are not authorised to be altered by this Ordinance.
(v) Nothing in this Ordinance shall derogate from any power of altering its constitution or regulations which may by virtue of any Act of Parliament, Ordinance, deed of settlement, contract of copartnery, cost book regulations, letters patent, or other instrument constituting or regulating the company, be vested in the company.
substitute
242.—(1) Subject to the provisions of this section, a company Power to registered in pursuance of this Part of this Ordinance may by special memorandum resolution alter the form of its constitution by substituting a and articles memorandum and articles for a deed of settlement.
for deed of settlement.
8 Edw. 7
(2) The provisions of this Ordinance with respect to confirmation c. 69 s. 264. 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 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 company under this Ordinance.
includes
(4) In this section the expression "deed of settlement any contract of copartnery or other instrument constituting or re- gulating the company, not being an Ordinance, Act of Parliament, a royal charter, or letters patent.
243. The provisions of this Ordinance with respect to staying and Power of
Court to stay restraining actions and proceedings against a company at any or restrain time after the presentation of a petition for winding up and before proceedings. the making of a winding-up order shall, in the case of a company registered in pursuance of this Part of this Ordinance where the
ib. s. 265.
Page 115Page 116
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