Section 176 — Companies Act 1993: Alteration to constitution

176 Alteration to constitution (1) Notwithstanding anything in this Act, but subject to the order, where the Court makes an order under section 174 of this Act altering or adding to the constitution of a company, the constitution must not, to the extent that it has been altered or added to by the Court, again be altered or added to without the leave of the Court. (2) Any alteration or addition to the constitution of a company made by an order under section 174 of this Act has the same effect as if it had been made by the shareholders of the company pursuant to section 32 of this Act and the provisions of this Act shall apply to the constitution as altered or added to. (3) Within 10 working days of the making of an order under section 174 of this Act altering or adding to the constitution of a company, the board of the company must ensure that a copy of the order and the constitution as altered or added to is delivered to the Registrar for registration. (4) If the board of a company fails to comply with subsection (3) of this section, every director of the company commits an offence and is liable, on conviction, to the penalty set out in section 374(2) of this Act.