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
SkDash (CS (Member) CWA (Final)) (909 Points)
03 April 2013In 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
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
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..
TR
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)
(702 Points)
Replied 05 April 2013
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