Section 30 - Adoption, alteration, amendment and revocation of constitution

(1) The shareholders or members of a company may, by special resolution

(a) adopt a registered constitution where a company does not have a registered constitution; or

(b) alter or revoke the constitution of the company subject to this Act.

(2) For the purposes of subsection (1) (b),

(a) the name of the company shall not be altered except with the consent of the Registrar in accordance with section 21;

(b) the number of the shares of the company may be altered in accordance with sections 9, 59 to 65, 78 to 82, 219, or 239 but not otherwise;

(c) the businesses for which the company is incorporated to carry on or, if the company is not formed for the purpose of carrying on a business, the objects for which the company is incorporated may be amended in accordance with section 15 or 239 but not otherwise where the business or object is indicated at incorporation;

(d) an amendment shall not be made which shall conflict with an order of the Court made under section 219;

(e) if at any time the shares of the company are divided into different classes, the rights attached to a class may be amended in accordance with section 50 or 239 but not otherwise;

(f) the constitution may restrict or exclude the power of the company to amend all or any of the provisions of the constitution or to add to the provisions of the constitution, or may impose conditions for the amendment of the constitution, in which event the constitution shall not be amended except in accordance with the provisions of the constitution or section 239;

(g) the constitution as amended shall be in accordance with this Act and shall contain the requirements under section 26;

(h) except in accordance with section 239, a member of the company is not bound by an amendment made in the constitution after the date on which that person became a member, where the amendment

(i) requires that member to take more shares than the number held by that member on the date on which the amendment is made,

(ii) in any way increases the liability of that member as at that date to pay money to the company, or

(iii) increases or imposes restrictions on the right to transfer the shares held by that member at the date of the amendment,

unless that member agrees in writing, before or after the amendment is made, to be bound by the amendment;

(i) an amendment shall not be made which would have the effect of converting an unlimited company into a limited company or a company limited by guarantee into a company limited by shares; and

(j) an amendment may be restrained or revoked by the Court in accordance with section 218 or 219.