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BlueMagic Ltd. is a public company. Its directors have decided to venture into transport business acquiring a fleet of public service vehicles. They did not
BlueMagic Ltd. is a public company. Its directors have decided to venture into transport business acquiring a fleet of public service vehicles. They did not notice that this activity is outside its objects clause. The company’s chairman. Odhiambo Omesa who owns 10% of the voting shares negotiated a loan which was in excess of the company’s issued capital from Frank Opiyo, a financier. Frank Opiyo did not refer to any of the company’s registered documents nor did he inquire into the purpose to which the money would be put. The money is used the directors to pay part of the purchase price of the vehicles. The rest of the purchase price remains unpaid. Some members who hold a substantial amount of shares in BlueMagic Ltd. intend to move a resolution to insert into the memorandum, an object permitting the acquisition and use of the vehicles. One of the directors of BlueMagic. announces that if this is done, he will apply to court to have the new object clause quashed. Advise the directors of the company.
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