Companies Act Section 6 — Act to override memorandum, articles, etc

CHAPTER II INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO

Commercial / Corporate

Summary

Except where this Act itself says otherwise, the rules in this Act will apply even if they conflict with a company's memorandum or articles, or with any agreement the company has signed, or with any resolution passed by the company in a general meeting or by its Board of Directors. This applies whether those documents, agreements, or resolutions were made before or after this Act came into force.

Under clause (b), any part of the memorandum, articles, agreement, or resolution that goes against the provisions of this Act will become void, but only to the extent of that conflict.

Official Text

Save as otherwise expressly provided in this Act—

(a) the provisions of this Act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a company, or in any agreement executed by it, or in any resolution passed by the company in general meeting or by its Board of Directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of this Act; and

(b) any provision contained in the memorandum, articles, agreement or resolution shall, to the extent to which it is repugnant to the provisions of this Act, become or be void, as the case may be.