A great deal of time and effort goes into drafting articles of
association, both upon the company’s formation and during the course of its life.
This is as it should be, for the articles govern many of the most important
aspects of a company’s activities, and it is vital to ensure that they meet the
parties’ needs. However, the task of drafting suitable wording can be so
demanding that those charged with undertaking it can overlook a crucial
question: are these provisions, upon which I am expending so much energy,
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The answer to this question will depend upon the provisions in
question, but the fact of the matter is that some provisions are, by their