Company law: Act provisions prevail over memorandum, articles, agreements or resolutions; repugnant clauses are void. Section 6 provides that the Companies Act prevails over any contrary provision in a company's memorandum, articles, agreements, or resolutions, whether made before or after the Act's commencement, except where the Act expressly provides otherwise; provisions in those instruments that are repugnant to the Act become void to the extent of the repugnancy.
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.
Company law: Act provisions prevail over memorandum, articles, agreements or resolutions; repugnant clauses are void.
Section 6 provides that the Companies Act prevails over any contrary provision in a company's memorandum, articles, agreements, or resolutions, whether made before or after the Act's commencement, except where the Act expressly provides otherwise; provisions in those instruments that are repugnant to the Act become void to the extent of the repugnancy.
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