Full text : Secretarial practice

THE MEMORANDUM OF ASSOCIATION 19

In the case of (d), the new business may be wholly different
from the existing business, provided it be not destructive of
or inconsistent with it; and the question whether the new
business can be conveniently and advantageously combined
with the existing business is for the company’s shareholders
and managers [Parent Tyre Co. (1923), 2 Ch. 222].
Assuming that the Court has jurisdiction, all that it has to
decide is whether the alteration is fair and equitable as
between the members of the company; it is not concerned to
consider the wisdom or desirability of the proposed alteration
“Jewish Colonial Trust (1908), 2 Ch. 287].
Certain alterations in capital are permitted by ss. 50 and 55.
See pp. 3I et seq.
            
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