# The Companies (Northern Ireland) Order 1986 (revoked), Article 28: Conditions in memorandum which could have been in articles

Extent: N.I.

(1) A condition contained in a company's memorandum which could lawfully have been contained in articles of association instead of in the memorandum may be altered by the company by special resolution; but if an application is made to the court for the alteration to be cancelled, the alteration does not have effect except in so far as it is confirmed by the court.
(2) This Article—
(a) is subject to Article 27, and also to section 996 of the Companies Act 2006 (court order protecting minority), and
(b) does not apply where the memorandum itself provides for or prohibits the alteration of all or any of the conditions referred to in paragraph (1), and does not authorise any variation or abrogation of the special rights of any class of members.
(3) Article 16 (except paragraphs (2)(b) and (8)) and Article 17(1) to (3) apply in relation to any alteration and to any application made under this Article as they apply in relation to alterations and applications under Articles 15 to 17.

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Source: https://www.legislation.gov.uk/nisi/1986/1032/article/28 (the official version)
Page: https://openlegislation.uk/companies-northern-ireland-order-1986-revoked/article-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.