Alteration of the constitution

![CDATA[The distinction between altering the memorandum and altering the articles of association has been eroded by the construction of the company's constitution. All company's memorandums and articles are taken together to form the company's constitution after 1 July 1998. This was achieved by a miscellaneous provision of the Corporations Law (old s 1415 ), which became unnecessary and thus repealed with the commencement of the Corporations Act 2001 on 15 July 2001. All companies registered after this date may not have a constitution (solely rely upon the Corporations Act replaceable rules) or modify or adopt their own constitution: ss 134–136. A company's constitution may be modified or repealed by the company following the simple procedure of passing a special resolution: s 136(3) . The company can, in its constitution, provide further requirements to make the constitution harder to amend (entrenchment of the constitution). Members may be able to claim that there has been oppressive conduct in the case of a resolution or proposed resolution to alter the company's constitution and apply to the court: s 232.]]