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Can a companys constitution be amended

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Reference no: EM132213759

Company Law

Assessment Details: Research Assignment

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The assignment statement is as follows:

Section 140(1) of the Corporations Act 2001 (Cth) enshrines the long-time position that a company's constitution forms a statutory contract between, amongst others, the company and each member and the company and each director.

Required

With reference to the above statement, relevant case law and legislation, answer the following:

(1) What is the governing document of a company registered under the Corporations Act 2001 (Cth) and what are its purposes?

(2) Can a company's constitution be amended and, if so, what are the requirements?

(3) In regard to amending a company's constitution -

(i) Do you think the requirements are sufficient to protect minority shareholders?

(ii) Are there limits on the power of the majority shareholders regarding the variation of member rights?

Reference no: EM132213759

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