Air Navigation and Transport Act, 1946

Alteration of memorandum and articles of association of the Company.

27.—(1) In addition to the alterations specificially authorised by this Part to be made in the memorandum and articles of association of the Company, it shall be lawful for the Company to make all such alterations in its memorandum and articles of association as are necessary or proper by way of supplement to, or in consequence of, any alteration so specifically authorised and also such other alterations as shall be necessary or proper to give effect to the provisions of this Part.

(2) Neither section 78 of the Principal Act nor Clauses 7 and 8 of the memorandum of association of the Company shall apply to alterations made in the memorandum and articles of association of the Company under or in pursuance of this Part, and in lieu thereof it is hereby enacted that all such alterations shall be in such form consistent with this Part as shall be approved by the Minister for Finance, after consultation with the Minister.

(3) For the purposes of effecting any alterations in the articles of association of the Company authorised by this Part, section 13 of the Companies (Consolidation) Act, 1908 , shall be construed as if the words “extraordinary resolution” were substituted for the words “special resolution” where the latter words first occur.

(4) Section 9 of the Companies (Consolidation) Act, 1908 , shall not apply in respect of any alteration authorised by this Part to be made by the Company in its memorandum of association and in lieu thereof it is hereby enacted that every such alteration may be made by extraordinary resolution, as defined by section 69 of the said Act, and that, in addition to complying with section 70 of the said Act, the Company shall, within the time mentioned in the said section 70, deliver to the registrar of companies a printed copy of the memorandum as so altered and the said registrar shall register it and certify the registration under his hand, and such certificate shall be conclusive evidence that all the requirements of the said Act, as amended by this sub-section with respect to such alteration, have been complied with and thenceforth the memorandum as so altered shall be the memorandum of the Company.