Companies Act, 1956
Sec 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
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.