§ 26A — Power to entrench provisions of constitution of company

26A.—(1) An entrenching provision may —(a)

be included in the constitution with which a company is formed; and

(b)

at any time be inserted in the constitution of a company only if all the members of the company agree.[36/2014]

(2) An entrenching provision may be removed or altered only if all the members of the company agree.[36/2014]

(3) The provisions of this Act relating to the alteration of the constitution of a company are subject to any entrenching provision in the constitution of a company.[36/2014]

(4) In this section, “entrenching provision” means a provision of the constitution of a company to the effect that other specified provisions of the constitution —(a)

may not be altered in the manner provided by this Act; or

(b)

may not be so altered except —(i)

by a resolution passed by a specified majority greater than 75% (the minimum majority required by this Act for a special resolution); or

(ii)

where other specified conditions are met.[36/2014]

—(1) An entrenching provision may —(a)

be included in the constitution with which a company is formed; and

(b)

at any time be inserted in the constitution of a company only if all the members of the company agree.[36/2014]

(2) An entrenching provision may be removed or altered only if all the members of the company agree.[36/2014]

(3) The provisions of this Act relating to the alteration of the constitution of a company are subject to any entrenching provision in the constitution of a company.[36/2014]

(4) In this section, “entrenching provision” means a provision of the constitution of a company to the effect that other specified provisions of the constitution —(a)

may not be altered in the manner provided by this Act; or

(b)

may not be so altered except —(i)

by a resolution passed by a specified majority greater than 75% (the minimum majority required by this Act for a special resolution); or

(ii)

where other specified conditions are met.[36/2014]