Alternation of Articles of Association
The articles of association are important and it is a part of the constitutes of the company, the documents to contracted between the shareholders, also to guide the director and officer, descript and defined the rights, powers, rules and provision of the Company.
Also, the articles have governed the relationship between the company and members, directors, officers of the company by prescribing the rights, the rules and regulation or by-laws for governing the internal affairs and conduct of the company, obligations of the members of the company. From time to time of the development of the company and strategic planning, the Company may amend the clause of the articles to fulfill the company’s needs.
Subject to section 88(3) and any other provisions of the Companies Ordinance (“CO”), a company may only alter its Articles of Association by special resolution (section 88(2)).
The following documents are required to be delivered for registration:
- A copy of the special resolution for the alteration of the Articles of Association under the CO;
- A notice of alteration in the relevant specified forms;
- A certified copy of the Articles of Association as altered; and
- Other relevant documents required to be delivered with the specified forms for registration as appropriate.