1. Avoiding incorrectly classed shares
Having a company constitution can avoid company to be set up with any absurd rules and incorrectly classed shares. This saves the cost of having any expensive legal fees if any conflict arises.
2. Maintaining the balance of power between stakeholders
A constitution may also work well to amend the balance of power between owners/shareholders and directors/management when there is a perceived or evident gap in control. Example, a shareholder can be empowered to give directions to overturn decisions of the company’s directors.
If you are unhappy, or you have a new director or shareholder coming into the company and requires a change of the company constitution, then it can only be altered by means of a special resolution.
This is usually not recommended, but if it needs to be done it has to be done. The alteration will be a part of the original constitution from the date of passing of the special resolution. The company has to submit a notice of the resolution or any court order that affects the constitution within a period of 14 days of such resolution of order to the ARCA. ACRA will then issue a notice and certificate of incorporation which stands as a confirmation of the alteration to the constitution.
3. In setting the tone of what a company does
A constitution defines the scope of the activities that a company carries out. It is the foundation for the company to start its business. Since it is one of the most important documents, the company must take great care while drafting it. And what better care to go about it than to engage yourself with Paul Hype Page and Co, where we can assist you with this.
4. During applications of bank accounts, bank loans, grants, licensed etc.
The opposite party would investigate the company’s constitution to understand the relationship between stakeholders, the scope of activities and how these fit into their risk assessment. Having unusual circumstances might be flagged out and questioned during your applications.