London and Edinburgh Shipping Co., Ltd [1908] ScotLR 85 (20 October 1908)

London and Edinburgh Shipping Co., Ltd [1908] ScotLR 85 (20 October 1908)

The Court confirmed the alteration of the company's constitution, including article 22, without change, accepting the petitioners' argument that the objects should be considered independent and not ancillary to a main purpose.

Citation
[1908] ScotLR 85
Parties
Petitioner: London and Edinburgh Shipping Company, Limited
Jurisdiction
Scotland
Judgment Date
20 October 1908
Procedural Posture
Petition for Confirmation of Alterations to Company Constitution / Final Judgment
Outcome
petition granted
Legal Topics
Memorandum of Association, Objects Clause, Rule of Construction, Confirmation of Constitutional Alterations
Company Law Memorandum of Association Objects Clause Rule of Construction Confirmation of Constitutional Alterations

Case Brief

Summary, issues, holding and outcome

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Parties

London and Edinburgh Shipping Company, Limited

Petitioner

Procedural Posture

Petition for Confirmation of Alterations to Company Constitution / Final Judgment

Legal Issues

  1. 1 Whether the proposed alterations to the memorandum and articles of association, specifically article 22, should be confirmed
  2. 2 Whether the objects of the company should be considered as independent rather than ancillary to a main object

Ratio Decidendi

The Court confirmed the alteration of the company's constitution, including article 22, without change, accepting the petitioners' argument that the objects should be considered independent and not ancillary to a main purpose.

Court Disposition

petition granted

Orders

  • Alteration of the form of the company's constitution confirmed, including article 22 without change.