Section 26 states that a public company limited by shares
may register articles of association signed by the subscribers to the memorandum.
If, however, it does not register its own articles, then the articles given in
Table A of Schedule I automatically becomes applicable. Further, even if it does
register articles of its own, Table A will still apply automatically unless it
has been excluded or modified. There are actually three possible alternatives
in which such company may adopt articles: (i) it may adopt Table A in full or,
(ii) it may wholly exclude Table A and set out its own regulations in full, or
(iii) it may set out is own articles and adopt part of Table A. The alternatives
(ii) and (iii) are often employed; and partial adoption of Table A has
particular advantage for small companies, because of economy in printing and
also because any provision of Table A is legally beyond any doubt.
As regard a company limited by guarantee and unlimited
liability company and, a private company limited by shares, s.26 provides for
compulsory registration of articles prescribing regulations for the company.
However, they may adopt any of the appropriate regulations of Table A.
In any case, the articles of a company must be: (i) printed,
(ii) divided into paragraphs, numbered consecutively, (iii) signed by
subscribers to the memorandum in the presence of at least one witness who shall
attest the signatures.
The articles are to be stamped with requisite stamp
and filed along with the memorandum (s.3).
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