Articles of association

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Swati Gupta

Swati Gupta (Querist)
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21 July 2013 Whether retrospective amendment of Articles of association is possible?

Ajay Mishra

Ajay Mishra (Expert)
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21 July 2013 I did not get your query. Kindly explain..

Swati Gupta

Swati Gupta (Querist)
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22 July 2013 can articles of association be amended with retrospective effect?Memorandum of association cannot be amended with retrospective effect as per companies Act 1956.my question is what are the provisions regarding retrospective amendment of AOA.

Ajay Mishra

Ajay Mishra (Expert)
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22 July 2013 Hi

No majority of shareholders can, by altering the articles retrospectively, affect, to the prejudice of the non-consenting owners of shares, the right already existing under a contract, nor take away the right already accrued, e.g., after a transfer of shares is lodged, the company cannot have a right of lien so as to defeat the transfer [Mathrubhumi Printing & Publishing Co. Ltd. v Vardhaman Publishers Ltd. (1992) 73 Comp Cas 80 (Ker)].

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