Explain the following: 'Utmost care is required to draft the Articles'.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2023
Explain the following: 'Utmost care is required to draft the Articles'.

Answer & Explanation:

Utmost care is required to be taken to draft the Articles. It should contain strictly only relevant and necessary matters. In its draft, all efforts must be made to incorporate comprehensive provisions so as to cover all statutory requirements and all possible contingencies. Any alteration requires cumbersome procedure to be followed which is expensive and time consuming. Articles, as a public document of the company, have evidentiary value in matters which involve dealing of the company with its own members or third parties. Any outsider has constructive notice of the contents of Articles and expected to inspect before entering into any transaction with the company. Articles must be signed by the subscribers of the Memorandum and be registered along with the Memorandum. Articles shall be divided into paragraph numbered consecutively. This will help the company to alter the articles conveniently. After drafting a proper balancing should be done with Memorandum's contents, as to coverage, inconsistencies with it, contradictions occurred etc. to enable proper modification in time. It is better to have an Article of an existing company in the same field of activity, either to modify it or at least to know the relevant matters which can be included in the Draft.

Topics: Company Law

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