Section 9Part 3 — The Constitutions of Foundation Companies
Altering a memorandum
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The ob jects or any other matter specified in a foundation company ’ s memorandum may be altered if, and to the extent that, the memorandum authorises the alteration, or by an order under Part 5.
However —
an alteration cannot be made and has no effect if t he foundation company would no longer comply with the foundation company requirements; and Section 10 Foundation Companies Act (2025 Revision)
unless expressed to do so, a provision of the memorandum authorising an alteration does not authorise an alteration of the provision itself.
The power to mak e, or consent to, alterations to a foundation company ’ s memorandum, may be given to any person or persons, or description of persons, whether or not members or supervisors, and may be exercisable by such process as may be required by the constitution or, if no process is specified, by special resolution.
The foundation company must within fifteen days give the Registrar a copy of the resolution or other document altering the memorandum accompanied by —
the prescribed fee; and
if the copy is giv en to the Registrar after the fifteen days, a late filing penalty of ten dollars for each day after the fifteen days.
However, the Registrar shall not accept and shall not register a document that purports to make an alteration in contravention of subs ection (2).