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Companies Act 1967 · s 26A

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s 26APower to entrench provisions of constitution of company

(1)

An entrenching provision may —

(a)

be included in the constitution with which a company is formed; and

(b)

at any time be inserted in the constitution of a company only if all the members of the company agree.

(2)

An entrenching provision may be removed or altered only if all the members of the company agree.

(3)

The provisions of this Act relating to the alteration of the constitution of a company are subject to any entrenching provision in the constitution of a company.

(4)

In this section, “entrenching provision” means a provision of the constitution of a company to the effect that other specified provisions of the constitution —

(a)

may not be altered in the manner provided by this Act; or

(b)

may not be so altered except —

(i)

by a resolution passed by a specified majority greater than 75% (the minimum majority required by this Act for a special resolution); or

(ii)

where other specified conditions are met.