Section 179: Alteration to constitution
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
179. Alteration to constitution
(1) Notwithstanding this Act but subject to the order, where the Court
makes an order under section 178 altering or adding to the constitution of a
company, the constitution shall not, to the extent that it has been altered or
added to by the Court, again be altered or added to without the leave of the
Court.
(2) Any alteration or addition to the constitution of a company made by
an order under section 178 has the same effect as if it had been made by
the shareholders of the company pursuant to section 44 and the provisions
of this Act shall apply to the constitution as altered or added to.
(3) The Board of the company shall, within 14 days of the making of an
order under section 44 altering, or adding to, the constitution of a company,
ensure that a copy of the order and the constitution as altered or added to, is
filed with the Registrar for registration.
Sub-Part D – Ratification
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Questions this section answers
- Can the constitution the Court altered under section 178 be changed again without leave?