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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 130 Constitution of Division 2 company

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 130

Constitution of Division 2 company
130. (1) This section applies where a company of a State or Territory is
registered as a company under this Division.

(2) The provisions that, at the time immediately before the company's
registration day, formed part of the company's memorandum, and any provisions
that were at that time deemed by virtue of a law of that State or Territory to
form part of that memorandum, shall be deemed to be, with such modifications
as the circumstances require:

   (a)  if the company is so registered as a company limited by shares and as
        a proprietary company-the company's memorandum; or

   (b)  otherwise-the company's registered memorandum; and shall bind the
        company and its members accordingly.

(3) The provisions that at that time formed part of the company's articles,
and any provisions that were at that time deemed by virtue of such a law to
form part of those articles, shall be deemed to be, with such modifications as
the circumstances require:

   (a)  if paragraph (2) (a) applies-the company's articles; or

   (b)  otherwise-the company's registered articles; and shall bind the
        company and its members accordingly.