Easily Replace Fileds from the Company Constitution

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How to Replace Fileds from the Company Constitution

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south africa has a constitution that regulates how the state will conduct its behavior and similarly every company registered in terms of the companies act has its constitutional documents which regulates how it will behave within society now this starts off in section 13 and regulation 15 of the companies act which says a company is formed by completing and filing a notice of incorporation together with a memorandum of incorporation or moi some people call it a moy you can call it what you will ill call an moi section 14 then continues the moi is the constitution document of the company and governs the nature and activities of the company if you want its the founding document and once the commission has approved the notice of incorporation it will assign a unique registration number to the company and issue it with its registration certificate very importantly thereafter the registration number must appear on all official documentation of the company we then go on to section 15 6 an

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What are quorum replaceable rules?

ing to the replaceable rule, meetings must comply with the quorum requirement at all times during the meeting. In essence, meetings must have two members present at all times. Calculations of a quorum include members who participate via a proxy.

How do you amend a companys articles?

Hold a board meeting, resolve to convene a General Meeting and approve a circular to send to the shareholders. The circular sets out the reasons that the articles need to be changed and should summarise the main provisions/changes to be made.

What is Section 136 2 of the Corporations Act 2001?

Section 136 (2) of the Corporations Act provides that a company may modify or repeal its Constitution or a provision in its Constitution by special resolution. (b) that has been passed by at least 75% of the votes cast by members entitled to vote on the resolution.

What is a replaceable rule?

Replaceable rules are in the Corporations Act and are a basic set of rules for managing your company. If a company doesnt want to have a constitution, they can use the replaceable rules instead.

How many replaceable rules are there?

The Corporations Act lists 39 replaceable rules and these rules are what companies can adopt as part of their internal governance structure. These rules cover areas such as: Appointment removal of directors of the company. Removal of the directors.

What is Section 140 of the Corporation Act?

Section 140(1)(b) of the Corporations Act states that [a] companys constitution (if any) and any replaceable rules that apply to the company have effect as a contract between the company and each director and company secretary.

What is an example of a replaceable rule?

Some replaceable rules are also specific to a public or private company. For example, a public company cannot remove the right of a member to appoint a proxy for a meeting.

What are the replaceable rules in the Corporations Act?

Replaceable rules are in the Corporations Act and are a basic guide for managing your company. If youre a proprietary company, they can be an easy way to manage your companys governance. Replaceable rules do not apply to a proprietary company if the same person is the sole director as well as the sole shareholder.

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