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COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 23

Power to alter conditions in memorandum which could have been contained in articles.

23.(1) Subject to sub-section (2) and sections twenty-two and two hundred and
one, any condition contained in a company's memorandum which could lawfully
have been contained in articles of association instead of in the memorandum
may, subject to the provisions of this section, be altered by the company by
special resolution.

(2) If an application is made to the court for the alteration to be cancelled,
it shall not have effect except in so far as it is confirmed by the court.

(3) This section shall not apply where the memorandum itself provides for or
prohibits the alteration of all or any of the said conditions, and shall not
authorise any variation or abrogation of the special rights of any class of
members.

(4) Sub-sections (3), (4), (5), (6), (9) and (10) of section five (except
paragraph (b) of the said sub-section (3)) shall apply in relation to any
alteration and to any application made under this section as they apply in
relation to alterations and to applications made under that section.

(5) This section shall apply to a company's memorandum whether registered
before or after the commencement of this Act.

© 1960 Crown Copyright

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