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section-35.-contents-of-a-companys-constitution.md

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Section 35. Contents of a company’s constitution

  1. Subject to the provisions of this Act, the constitution of a company may contain provisions relating to—

  • the objects of the company;

  • the capacity, rights, powers or privileges of the company if the provision restricts such capacity, rights, powers or privileges;

  • matters contemplated by this Act to be included in the constitution; and

  • any other matters as the company wishes to include in its constitution.

  1. For the purposes of paragraph (1)(a), if the constitution sets out the objects of a company—

  • the company shall be restricted from carrying on any business or activity that is not within those objects; and

  • the company shall have full capacity and powers to achieve such objects, unless the constitution provides otherwise.