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Articles of Association

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neha patil
Articles of Association

The articles are like the partnership deed in a partnership which particularly provides for matters such as the making of calls, forfeiture of shares, directors qualifications, the procedure for transfer and transmission of shares and debentures, powers, duties and appointment of auditors.

The articles can put stipulations on the company‟s powers, which may be gainful if shareholders want to be at ease that the directors will not proceed with certain courses of action, at least without the approval of the shareholder but however, the Companies Act gives a company unlimited powers.

As per the Indian Companies Act, 2013 the word Entrenchment is not defined any where, for the concept being new, but according to dictionary meaning and adding a little legal meaning to it as well, Entrenchment means to establish or constitute some provisions firmly and securely, that change is very difficult or unlikely to take place, so as to apply additional legal safeguards.

Therefore, it can be implied that the provisions of entrenchment may make the current provisions more stringent/cumbersome to follow either by way of procedure or by putting checks and balance in the coming period.

The concept of provision of entrenchment

A Company is a group of persons that come together to create their wealth by making joint and mutual decisions for the benefit of each other, but it is likely that majority shareholders will try to impose their decisions on the others in the working of company, thereby affecting the mutual decision-making power of the shareholders and violating their rights to have a say on matters especially relevant and crucial for them.

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neha patil
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