ABC Ltd. Constitution: Law of Business Organizations, T2 2019

This assignment provides a detailed overview of the constitution of ABC Ltd. The document begins by outlining the company's governance structure, referencing the Good Governance principles and the Corporations Act 2001 (CA). It then explains the types of shares the company can issue, including class A and class B shares with their respective rights and dividends. The assignment also clarifies the limitations on the company's activities, restricting them to gold mining and related operations. Furthermore, it addresses the process for amending the constitution and the registration requirements under the CA. This document is a valuable resource for students studying business law, particularly those enrolled in BUS200 at King's Own Institute (KOI), providing insights into corporate governance and legal frameworks. The assignment is provided by a student and available on Desklib, a platform offering AI-based study tools.

Purpose
 This document forms the constitution of ABC Ltd.
Governance
 The company can use the structure of the corporate governance by following the Good
governance principles of the ASX relevant for the 2018 edition.
Rule
 Section 135 of the Corporations Act 2001, hereinafter referred to as CA in this document
govern the company.
 The clauses present in this constitution can supersede any replaceable rules present in the
CA which means that the rules will be applied in the situations or incidents where the
company has not supplied any provision.
Shares
Any organization registered in Australia possesses the right of issuing shares as per the provisions of
the CA. hence on this condition the company also will possess the right to issue shares.
The shares selected by the organization to issue are:
1. A company can issue ordinary shares as well as general shares for its share holders. These
shares will be denoted as class A shares and will be given ordinary dividends together with
voting rights.
2. The company will also issue preference shares for its share holders. Such shares will be
denoted as class-B shares and will be given preference dividends and voting rights as given in
section 254 of the CA.
Limitations on the company’s power
 The activities as well as activities of ABC Ltd is limited to only those activities that involve
gold mining and any other kind of activities other than this will be termed as void. Such rule
will be subjected to the section 125 provisions contained in CA. The company even has the
right to sue an executive if he has breached this authority.
Amendments
The constitution of the company can be amended only when the above mentioned rules are
complied with as given u/s 136 of the CA
Registration
The registration of the company is done duly in compliance with sections 117 and 112 of the CA.