Skip to content

CS Executive · Company Law and Practice · Memorandum and Articles of Association and its Alteration

Ganga Engineering Limited passed a special resolution altering the objects clause of its memorandum and filed it with the Registrar on 5 March. Which statement is correct?

The Registrar must register the objects alteration and certify registration within thirty days from filing the special resolution. The alteration has no effect until it is registered, so neither the passing nor the mere filing of the resolution makes it operative.

  1. AThe alteration is effective from 5 March because the resolution was filed
  2. BThe Registrar must register the alteration and certify registration within thirty days of filing, and the alteration has no effect until registeredCorrect
  3. CThe Registrar has sixty days to register, and the alteration is effective meanwhile
  4. DThe alteration is effective from the date of the special resolution, and registration is only a formality

Explanation

The Registrar registers an alteration of the objects and certifies the registration within thirty days from the date of filing the special resolution. No alteration under the section has any effect until it is registered, so filing alone or the date of the resolution does not make it effective.

Did you get it right without looking?

One question tells you little. A timed set on Memorandum and Articles of Association and its Alteration shows your real accuracy, how long you take and where you lose marks.

Practise Memorandum and Articles of Association and its AlterationFree diagnostic mock

More Memorandum and Articles of Association and its Alteration questions