Easily Replace Words from the Company Constitution

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How to Replace Words from the Company Constitution

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hi there Aaron done here from the SMSF Academy and in this video Im going to show you how you can replace a company Constitution because you may come across circumstances where you have a company and you wish to use that company to become the trustee of a self-managed super fund or it may be a trustee already but its not established as a special-purpose company so what we put in place here is the ability to replace the rules around the Constitution to allow for it to become a special-purpose company so lets just go through this process and show you how easy this is to do so what we need to do here is will have the specifics of the company so were looking for the company name and were also then going to be including the ACN of that company so if we put in here ABC super reproach limited we have the ACN of that entity we need to look at how many shareholders there are in that those effectively being the members of the fund so in this case will say this too so well have John Smith h

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Can a shareholders agreement override replaceable rules?

In situations where a company has a shareholders agreement as well as a constitution, the shareholders agreement often will override the constitution. However, only a formally adopted constitution can override the replaceable rules. Conversely, a shareholders agreement cannot override the replaceable rules.

What is 136 of the Corporations Act?

ing to section 136 of the Corporations Act, a public company must notify ASIC of any changes made to its constitution within 14 days of the resolution being passed. A copy of the changes must also be provided. Depending on the type of change youve made, there are particular forms to submit.

What is an affiliate under the Corporations Act?

One entity is affiliated with another entity if one of them is the subsidiary of the other or both are subsidiaries of the same entity or each of them is controlled by the same entity or individual. If two entities are affiliated with the same entity at the same time, they are deemed to be affiliated with each other.

What is Section 183 of the Corporations Act 2001?

Section 183 of the Corporations Act provides a civil obligation that a person who obtains information because they are or have been a director or other officer or employee of a corporation must not improperly use that information to gain an advantage for themselves or someone else or cause detriment to the corporation.

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 the purpose of the Corporations Act 2001?

The Corporations Act 2001 (Cth) is the principal legislation regulating business entities (primarily companies) in Australia. It regulates matters such as the formation and operation of companies (in conjunction with a constitution that may be adopted by a company), duties of officers, takeovers and fundraising.

How do you make changes to the Constitution?

Steps to Change Your Constitution reviewing the constitution. The first step is to check whether the existing constitution contains any special requirements about how you should change it or any rules that you need to keep in the new constitution. issue a notice. general meeting. proxy voting.

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.

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Replace Words from the Company Constitution