Articles of association for SPV company

[Debtosh Dey]

Articles of Association (AOA) u/s 5 of the Company's Act 2013 normally cover matters relating to share transfer, meetings, appropriation of profits, etc. For an SPV, usually shareholding and commercial agreements amongst the partnering companies are prepared first. What if these are built up in the AOA itself ? Sec 5 does not prevent any other matters relating to management nor does case laws say differently. I suppose, AOA is a contract amongst members inter se and between members and the company. Therefore, is there any problem in including commercial part of the agreements amongst members of SPV that have bearing on SPV's management, in the AOA (excepting the fact it may be a bit lengthy) ?

Debtosh Dey

AI Summary

Can Special Purpose Vehicle Articles of Association Include Commercial Agreements? Insights on Section 5, Companies Act 2013 A discussion on whether the Articles of Association (AOA) for a Special Purpose Vehicle (SPV) company can include commercial agreements among partnering companies. The query highlights that while Section 5 of the Companies Act 2013 covers standard matters like share transfer and meetings, it does not restrict including management-related agreements. Responses suggest differing views on whether incorporating such agreements in the AOA is advisable, with one participant implying it could be beneficial for knowledge sharing, while another disagrees. The original poster acknowledges the responses.