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How to Replace Image into the Company Constitution

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[Music] hello everybody my name is michael quinn im one of the directors and co-founder of the queen group this week on quintessential tv we will be discussing how a company constitution differs from replaceable rules a company is internally managed and governed by what are known as replaceable rules or a constitution or alternatively a combination of both whichever governance a company decides upon company directors and shareholders should understand the rules which govern their company while having a company constitution has the benefit of covering a broader range of matters the replaceable rules are effortless and efficient so what happens if the company doesnt have a constitution if the company is registered after the 1st of july 1998 the replaceable rules will automatically apply if the company does not have a constitution the only exception to this is if your company has a single shareholder who is also the sole director under the corporations act there are 39 replaceable rules

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How can the articles of a company be altered?

Company can alter its Article by way of addition, deletion, modification, substitution, or in any other way, only if it wants. To alter the Article of association of Company By giving Notice of at least 7 days. At the Board meeting, the given resolutions in respect of alteration in AOA must be passed.

What is the form for alteration of AOA?

Form MGT-14 is filed with the ROC (Registrar of Companies). At last, you can make necessary changes in all the copies of the AOA.

Can a resolution be amended?

Can the resolution be amended? The extent to which a proposed resolution can be amended willdepend on what type of resolution is proposed: Special, extraordinary and elective resolutions. Aspecial resolution cannot be amended except in very limited ways,for example, correction of grammatical or typographical errors.

Can you amend articles of association by ordinary resolution?

Unless the company has only a single director and shareholder any change to the Articles of Association will require a special resolution to be passed. This means that it will require the agreement of 75% of shareholders.

What is Section 12 of the Companies Act 2013?

Registered office of company. (1) A Company shall, on and from the fifteenth day of its incorporation within thirty days of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it.

What resolution is required to amend articles of association?

A written resolution to change the articles of association A written resolution may be easiest where there are only a few shareholders as it avoids the need to call and hold a meeting of all shareholders. Assuming you have a copy of the articles youd like to adopt then simply have each shareholder sign 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 do I amend articles of association resolution?

A special resolution can be agreed at a general meeting either a planned AGM or a General Meeting of the members. In order to pass a special resolution the directors must: Hold a board meeting and resolve to convene a General Meeting and approve a resolution to send to the members.

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Replace Image into the Company Constitution