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Business Law and Practice - Company Constitution, Exams of Commercial Law

Durham UniversityCommercial Law

Information on the Company Constitution in Business Law and Practice. It covers various sections of the Companies Act 2006, including the requirement for a company to have articles, the power of articles, the ability to change a company name, firing a director, and more. The document also explains the Model Articles and how they come into play if no articles are registered. It is a useful resource for students studying Business Law and Practice or anyone interested in understanding the legal requirements for company constitutions.

Typology: Exams

2023/2024

Available from 01/30/2024

johnNice
johnNice 🇺🇸

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LPC - Business Law and Practice -
Company Constitution.Most Recent
Update 2024.
1. s18 (CA '06) - ANS>A company must have articles and register them (else
the Model articles are in force).
2. s20 (CA '06) - ANS>If no articles are registered, the Model Articles are the
comapny articles.
3. s22 (CA '06) - ANS>You can entranch articles, only on formation or on
unanimous agreement thereto.
4. A court can always change entrenched articles
5. s28 1 (CA '06) - ANS>Memorandum provisions (made before the Act)
become articles
6. s31 (CA '06) - ANS>(1) Unrestricted objects by default
7. (2) Must register any change in object
8. s33 (CA '06) - ANS>The articles have the power of a covenant made by the
company and/ or its members
9. s77 (CA '06) - ANS>(1) Company can change its name by (a) special
reolution or (b) any other means allowed by articles.
10.[(2) there are other ways the State can change a co. name]
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LPC - Business Law and Practice -

Company Constitution.Most Recent

Update 2024.

  1. s18 (CA '06) - ANS> A company must have articles and register them (else the Model articles are in force).
  2. s20 (CA '06) - ANS> If no articles are registered, the Model Articles are the comapny articles.
  3. s22 (CA '06) - ANS> You can entranch articles, only on formation or on unanimous agreement thereto.
  4. A court can always change entrenched articles
  5. s28 1 (CA '06) - ANS> Memorandum provisions (made before the Act) become articles
  6. s31 (CA '06) - ANS> (1) Unrestricted objects by default
  7. (2) Must register any change in object
  8. s33 (CA '06) - ANS> The articles have the power of a covenant made by the company and/ or its members
  9. s77 (CA '06) - ANS> (1) Company can change its name by (a) special reolution or (b) any other means allowed by articles. 10.[(2) there are other ways the State can change a co. name]

11.s79 (CA '06) - ANS> Where company articles allow a name change other than by special resolution, the accopanying notifivcation to the registrar has to make that clear 12.s168(1) (CA '06) - ANS> A company can fire a director, subject to any other agreement between it and him 13.s270 (CA '06) - ANS> A private comapny doesn't need a secretary 14.s300 (CA '06) - ANS> You can't use the Articles to prevent a written resolution from having the power of an ordinary resolution 15.s307 (CA '06) - ANS> (1) General meeting requiers 14 clear days notice 16.... 17.(3) Articles can make this notice period longer 18.(4) Short notice is possible 19.(5) Rules fro short notice (majority of members, 90%+ votes etc.) 20.s318 (CA '06) - ANS> GM Quorum (1) Quorum of a single-member comapny = (2) Quorum of any other company =2 unless changed by articles 21.s360 (CA '06) - ANS> The clear day rule section 22.MA 3 - ANS> Directors general authority 23.Directors have all powers of the company 24.MA 5 - ANS> Director delegation

(2) bankrupt 31.... 32.(f) resignation 33.MA 38 - ANS> Must have quorum at GM to make decisions 34.MA 39 - ANS> The Chair (1) Any chairman chairs the GM (2) If no willing chair, must appoint one before AoB 35.MA 42 - ANS> Voting at a GM is on a show of hands unless a poll is demanded 36.s21 (CA '06) - ANS> A company may amend its articles by special resolution.