Full text: Secretarial practice

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,
	        
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