Singapore legislation

Section 26A

of Companies Act 1967

Section 26A

Power to entrench provisions of constitution of company

Amended by36/201436/201436/201436/2014

(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.

Amended by36/2014

(2)

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

Amended by36/2014

(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.

Amended by36/2014

(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.

Amended by36/2014