The Companies Act, 1956
16. Alteration of memorandum.
(1) A company shall not alter the conditions contained in its memorandum except in the cases, in the mode, and to the extent for which express provision is made in this Act.
(2) Only those provisions which are required by section 13 or by any other specific provision contained in this Act to be stated in the memorandum of the company concerned shall be deemed to be conditions contained in its memorandum.
(3) Other provisions contained in the memorandum including those relating to the appointment of a managing director 1[***] or manager, may be altered in the same manner as the articles of the company, but if there is any express provision in this Act permitting of the alteration of such provisions in any other manner, they may also be altered in such other manner.
(4) All references to the articles of a company in this Act shall be construed as including references to the other provisions aforesaid contained in its memorandum.
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1. The words “, managing agent, secretaries and treasurers” omitted by Act 53 of 2000, sec. 6 (w.e.f. 13-12-2000).
