Commentary

50.1 Accommodating provisions previously contained in the memorandum

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

50.1 Accommodating provisions previously contained in the memorandum

| Commentary

50 Drafting the articles of association

50.1 Accommodating provisions previously contained in the memorandum

Under the Companies Act 2006, the idea is that all the constitutional rules relating to a company should be found in one document, the articles of association1. Consequently, some of the rules which may previously have been included in the company’s memorandum of association will now instead be contained in the articles. For instance, if the parties wish to restrict the company’s capacity to carry on certain activities, those restrictions will now have to be included in the articles2. Presumably, the articles

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