Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p35
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 84754–87726

or inserting any other provision with respect to the objects of the company or any provision with respect to the powers of the company.
     "(2) Subject to this section, sub-section 78 (3) and section 320, if a provision of the memorandum of a company could lawfully have been contained in the articles of the company, the company may, by special resolution, alter the memorandum—
          (a) unless the memorandum prohibits the alteration of that provision—by altering that provision; or
          (b) unless the memorandum prohibits the omission of that provision—by omitting that provision.";
     (b) by omitting from sub-section (3) "or adding to" and substituting ", adding to or omitting";

     (c) by inserting after sub-section (4) the following sub-section:
     "(4a) A memorandum of a company that, immediately before the commencement of section 36 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1983, prohibited the alteration of a provision of the memorandum, being a provision that could lawfully have been contained in the articles of the company (in this sub-section referred to as a 'relevant provision'), shall be deemed also to prohibit the omission of that relevant provision of the memorandum, and a memorandum of a company that makes provision as mentioned in sub-section (3) in respect of a special resolution altering or adding to a relevant provision of the memorandum shall be deemed also to contain a provision to the same effect in respect of a special resolution omitting that relevant provision of the memorandum.";
     (d) by inserting in sub-section (5) "or omission" after "alteration";
     (e) by omitting from sub-section (6) "of the provisions";
     (f) by omitting from sub-section (6) "with respect to the objects or powers of the company" and substituting ", being an alteration provided for by sub-section (1),";
     (g) by inserting in sub-section (8) "of the memorandum of a company" after "alteration" (first occurring);
     (h) by omitting paragraph (8) (a) and substituting the following paragraph:
          "(a) in the case of an alteration provided for by sub-section (1)—the holders of not less than 10% in nominal value of the company's debentures; or";
     (j) by omitting from paragraph (8) (b) "of a provision or provisions of the memorandum";
     (k) by omitting from sub-section (9) "the provision or provisions of; and (m) by omitting from sub-section (11) "a provision or provisions of.

Confirmation of contracts and authentication and execution of documents
37. Section 80 of the Principal Act is amended by omitting from sub-section (10) "the objects of which require or comprise the transaction of business outside the Territory".

Certificate authorizing application for transfer of incorporation
38. Section 83 of the Principal Act is amended—
     (a) by omitting sub-paragraph (2) (b) (ii) and substituting the following sub-paragraph:
          "(ii) a report in the