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Renumbering of article in aoa

SkDash (CS (Member) CWA (Final)) (909 Points)

03 April 2013

In our AOA, i found one article number is missing i.e. Article 11 and then Article 13 and i feel it was a mistake and i want to rectify that.

Will EGM and Special Resolution is required for this? Or can we do so by BoD Res?

T&R

San

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4 Replies

Aditya Soni (CS Final Student Trainee) (727 Points)
Replied 03 April 2013

in my view, in this case, it is required to pass the SR that would be in a general meeting.

as per sec. 31, any alteration requires SR even it is a renumbering..

Regards,

Aditya

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SkDash (CS (Member) CWA (Final)) (909 Points)
Replied 03 April 2013

The Question is whether it is to be considered as 'ALTERATION' or 'RECTIFICATION'. I dont feel, it is an alternation in its true sense..

San

Aditya Soni (CS Final Student Trainee) (727 Points)
Replied 04 April 2013

this is a critical issue. but taking consedering it in practical scenario, when any article 's item is not numbered, then, suppose... vendor A is making some deal on with the reference to the article, it says... clause... 7..... but when the changes are incorporated, that perticuler clause nmber would change....

in this case, it would be necessary to inform all the vendors and thus have to pass SR...

experts comments are welcome..

Regards,

Aditya

Pawan Mittal (CA Final) (711 Points)
Replied 05 April 2013

Dear SKDash, I agree with Mr. Aditya Soni. But I think it is on the safer side to comply with all the formalities required in 'ALTERATION OF ARTICLES'. Use thnak button if you want to thank.