Entrenchment provisions restrict amendment of company articles, require Registrar notice, and model articles apply by default. The articles must contain management regulations and prescribed matters but may include additional necessary provisions; companies may adopt model articles from Schedule I, and applicable model regulations become the company's rules unless expressly excluded or modified. Articles may include entrenchment clauses making alterations subject to conditions more restrictive than a special resolution; entrenchment may be included on formation or later by unanimous consent for private companies or by special resolution for public companies, and any entrenchment must be notified to the Registrar in the prescribed form.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Entrenchment provisions restrict amendment of company articles, require Registrar notice, and model articles apply by default.
The articles must contain management regulations and prescribed matters but may include additional necessary provisions; companies may adopt model articles from Schedule I, and applicable model regulations become the company's rules unless expressly excluded or modified. Articles may include entrenchment clauses making alterations subject to conditions more restrictive than a special resolution; entrenchment may be included on formation or later by unanimous consent for private companies or by special resolution for public companies, and any entrenchment must be notified to the Registrar in the prescribed form.
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