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Final Exam Notes - Law of Associations
LAWS 3045 - Law of Associations
2 Found helpful • 84 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: 200018 - Law of Associations
CONSTITUTION AND AMMENDEMENTS TO THE CONSTITUTION Issue: Is the amendment to the constitution valid? Elements: Background Information Section 134 states a company internal management may be governed by the provisions of the Act that apply to the company as replaceable rules or constitution or a combination of both. o Replaceable rules are found under s141. Section 140 details the effect of the rules. o Essentially section 140(1) gives statutory authority for constitution between: Company and member Company and director Member and Member Section 136 states a company adopts a constitution: o On registration; o After registration- if the company passes special resolution adopting a constitution Section 125 details the companies constitution may limit powers
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