Articles of association for SPV company, Corporate Laws / SEBI / LLP

[Debtosh Dey]

Articles of Association (AOA) u/s 5 of the Company's Act 2013 normally cover matters relating to share transfer, meetings, appropriation of profits, etc. For an SPV, usually shareholding and commercial agreements amongst the partnering companies are prepared first. What if these are built up in the AOA itself ? Sec 5 does not prevent any other matters relating to management nor does case laws say differently. I suppose, AOA is a contract amongst members inter se and between members and the company. Therefore, is there any problem in including commercial part of the agreements amongst members of SPV that have bearing on SPV's management, in the AOA (excepting the fact it may be a bit lengthy) ?

Debtosh Dey

Posts / Replies

[Ganeshan Kalyani]

Sir, obviously the querist query would have got resolved. However if reply is posted for the query the onlooker shall enrich their knowledge. Thanks.

[MARIAPPAN GOVINDARAJAN]

In my view it could not be so.

[Debtosh Dey]

Thanks