March 2, 2022
A company’s internal management is governed by either:
In most circumstances, a company does not need to adopt a constitution. A company requires a constitution however, if it wishes to replace, modify or supplement the replaceable rules.
Common circumstances where a company constitution is adopted:
If a company chooses to adopt a constitution, it will bind the company, the directors, the shareholders and the secretary (if any).
In most circumstances, a company does not have to adopt a constitution unless in the following cases:
There is no prescribed form for a constitution and it can be adopted either at registration or at a later date. A company constitution is a public document.
This is NOT legal advice and should NOT be relied as such.