Question
Andrews v Gas Meter Company (1884) LR 25 Ch D 320 is a case concerning the right of a company to amend its constitution to
Andrews v Gas Meter Company (1884) LR 25 Ch D 320 is a case concerning the right of a company to amend its constitution to enable the issuing of preferential shares. In its holding, the court held that in so far as the company's constitution depends on its articles of association, it is clearly alterable by special resolution under powers conferred to it by the act. The power to alter the articles is a statutory power and the company cannot deprive it of the power to exercise it. This position has been adopted in Kenya under the Companies Act 2015. With the use of examples, discuss how this has been achieved while highlighting the conditions met as enumerated in the Andrews case.
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