Section 42: Form and content of constitution

42. Form and content of constitution (1) For the purposes of this Act, the constitution of a company shall— (a) in the case of a company incorporated under Part III, be a document certified by the applicant for registration of the company as the company’s constitution; (b) in the case of a private company incorporated under Part III, be, subject to section 40, the constitution set out in the Second Schedule; (c) in the case of an existing company, be the memorandum and articles of association as originally registered or as altered in accordance with the Companies Act 1984 or the Companies Act 1913 provided that any statement of objects in the memorandum shall, from the commencement of this Act, have the effect stated in section 28; (d) be a document that is adopted by the company as its constitution under section 44; (e) be a document referred to in section 45; or (f) be a document referred to in any of the preceding paragraphs as altered by the company under section 44 or varied by the Court under section 178. [Issue 1] C35 – 40 Revised Laws of Mauritius (2) Subject to section 27 (3), the constitution of a company may contain— (a) matters contemplated by this Act for inclusion in the constitution of a company; and (b) such other matters as the company wishes to include in its constitution. (3) Notwithstanding any other enactment, the constitution of a company and any amendment to the constitution shall be certified by a law practitioner, a legal consultant or a law firm and need not be embodied in a notarial deed. [S. 42 amended by s. 7 (c) of Act 14 of 2009 w.e.f. 30 July 2009.]