Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 176

176. (1) Subject to this Act, a company may by special resolution alter or add
to its articles.

(2) The memorandum of a company may provide that a special resolution altering
or adding to the articles of the company does not have any effect unless and
until a further requirement specified in the memorandum has been complied
with.

(3) Without limiting the generality of subsection (2), the further requirement
referred to in that subsection may be a requirement:

   (a)  that the relevant special resolution be passed by a majority
        consisting of a greater number of members than is required to
        constitute the resolution as a special resolution;

   (b)  that the consent or approval of a particular person be obtained; or

   (c)  that a particular condition be fulfilled.

(4) Subject to this Act, an alteration or addition so made in the articles is,
on and from the date of the special resolution or such later date as is
specified in the resolution, as valid as if originally contained in the
articles and is subject in like manner to alteration by special resolution.

(5) Subject to this section, a company has the power, and shall be deemed
always to have had the power, to amend its articles:

   (a)  unless it is a no liability company-by the adoption of all or any of
        the regulations contained in Table A; or

   (b)  if it is a no liability company-by the adoption of all or any of the
        regulations contained in Table B; by reference only to the regulations
        in the Table or to the numbers of particular regulations contained in
        the Table, without being required in the special resolution effecting
        the amendment to set out the text of the regulations so adopted.