720

SECRETARIAL PRACTICE
(6) Nothing in this Act shall derogate from any power of
altering its constitution or regulations which may, by virtue of any
Act of Parliament or other instrument constituting or regulating
the company, be vested in the company.

(7) In this section the expression ‘‘instrument’’ includes deed
of settlement, contract of co-partnery, cost-book regulations and
letters patent. .

Power to sub- 334.—(1) Subject to the provisions of this section, a company
Satie memo- registered in pursuance of this Part of this Act may by special
articles for deed Te€solution alter the form of its constitution by substituting a memo:
of settlement. randum and articles for a deed of settlement.
(2) The provisions of this Act with respect to confirmation by
the court and registration of an alteration of the objects of a company
shall so far as applicable apply to an alteration under this section
with the following modifications: —

(a) There shall be substituted for the printed copy of the
altered memorandum required to be delivered to the
registrar of companies a printed copy of the substituted
memorandum and articles; and
On the registration of the alteration being certified by the
registrar the substituted memorandum and articles shall
apply to the company in the same manner as if it were a
company registered under this Act with that memorandum
and those articles, and the company’s deed of settlement
shall cease to apply to the company.

(3) An alteration under this section may be made either with

or without any alteration of the obiects of the company under this
Act.

(b)

(4) In this section the expression “deed of settlement’ includes
any contract of copartnery or other instrument constituting or
regulating the company, not being an Act of Parliament, a royal
charter, or letters patent.

Power of court to
stay or restrain
proceedings.

Actions stayed
on winding-up
order.

335. The provisions of this Act with respect to staying and
restraining actions and proceedings against a company at any time
after the presentation of a petition for winding up and before the
making of a winding-up order shall, in the case of a company regis-
tered in pursuance of this Part of this Act, where the application to
stay or restrain is by a creditor, extend to actions and proceedings
against any contributory of the company.

336. Where an order has been made for winding up a company
registered in pursuance of this Part of this Act, no action or pro-
ceeding shall be commenced or proceeded with against the company
or any contributory of the company in respect of any debt of the
company, except by leave of the court. and subject to such terms
as the court may impose,