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How to Replace Line from 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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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 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.

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 Section 134 of the Corporation Act?

A companys internal management may be governed by provisions of this Law that apply to the company as replaceable rules, by a constitution or by a combination of both. Note: There are additional rules about internal management in ordinary provisions of this Law and also in the common law.

What is Section 321 of the Corporations Act?

(1) ASIC may give a company, registered scheme or disclosing entity a direction to lodge with ASIC a copy of reports prepared or obtained by it under Division 1 or 2. (b) a copy of each auditors report that relates to the report mentioned in paragraph (a).

What is Section 132 of Corps Act?

Corporations Act, Section 132 A person may be released from liability but is not entitled to indemnity: A party to a contract may release the company from liability. A party to the pre-registration contract may release the person from all or part of their liability under Section 131 to the party by signing a release.

What is 136 2 of the Corporations Act?

(2) The company may modify or repeal its constitution, or a provision of its constitution, by special resolution. Note: The company may need leave of the Court to modify or repeal its constitution if it was adopted as the result of a Court order (see subsection 233(3)).

What is the S 124 Corporation Act?

Section 124 gives a company the same legal capacity as an individual including the power to make an agreement and s 125 effectively provides that the performance of an act including entry into an agreement by a company will not be invalid merely because it is beyond the power of the companys constitution.

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Reduce time spent on document managing and Replace Line from the Company Constitution with DocHub

A step-by-step instructions on how to Replace Line from the Company Constitution

PDF editing simplified with DocHub

Drive efficiency with the DocHub add-on for Google Workspace

How to Replace Line from the Company Constitution

Got questions?

What is Section 140 of the Corporation Act?

What is a replaceable rule?

What is Section 140 of the Corporation Act?

What is Section 134 of the Corporation Act?

What is Section 321 of the Corporations Act?

What is Section 132 of Corps Act?

What is 136 2 of the Corporations Act?

What is the S 124 Corporation Act?

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