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Order of Objects

Order of Objects

Postby dls » Mon Mar 17, 2014 7:55 pm

A company's memorandum of association lists its different objects over several clauses.

Does the order suggest or impose any prioritisation between those objects? The objects, as usual, move from the particular to the general.

In the absence of any particular wording to suggest such, I think not, but someone whose views I respect said we should consider whether the order does impose any kind of priority.
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Re: Order of Objects

Postby 3.14 » Mon Mar 17, 2014 8:28 pm

Surely if the order was important, the document would say so.
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Re: Order of Objects

Postby Hairyloon » Mon Mar 17, 2014 9:54 pm

I think the order suggests a priority, but I don't see how it could impose one: sometimes it is not possible to be doing what you'd prefer to be doing.
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Re: Order of Objects

Postby Millbrook2 » Tue Mar 18, 2014 8:56 am

I dont belief the order implies any priority.

Historically when a company was set up the memorandum served as a limit to what the company could do perhaps as a safeguard for the investors it was hoping to attract. Thus the objects began to be cast wide so as not to restrain the owners from trading. In reality the more detailed objects may show the real aims of the company and the wider ones could be regarded as enabling.

I'm not aware of an instance though where there had been any challenge based on priority of objects.
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Re: Order of Objects

Postby dls » Tue Mar 18, 2014 9:58 am

The more I think about it the less the idea of a priority makes sense. How would a priority work?

As was properly nearly said, we describe them as objects, but in logic they operate as powers.
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Re: Order of Objects

Postby Hairyloon » Thu Feb 12, 2015 5:43 pm

dls wrote:The more I think about it the less the idea of a priority makes sense. How would a priority work?

I am not sure I understand the question: surely you give greater attention to things of higher priority.
I think an order will usually suggest a priority, but suggestions can almost always be ignored.
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Re: Order of Objects

Postby Smouldering Stoat » Thu Feb 12, 2015 5:48 pm

You've had plenty of time to think about it.
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Re: Order of Objects

Postby atticus » Thu Feb 12, 2015 6:25 pm

A company no longer needs a Memorandum of Association. Companies Act 2006.
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Re: Order of Objects

Postby Hairyloon » Thu Feb 12, 2015 6:27 pm

Smouldering Stoat wrote:You've had plenty of time to think about it.

I was looking for the thread that Atti had mentioned.
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Re: Order of Objects

Postby Hairyloon » Thu Feb 12, 2015 6:29 pm

atticus wrote:A company no longer needs a Memorandum of Association. Companies Act 2006.

I expect that many still have them though. Presumably they are still the valid governing document of a company created with one.
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