Part 4 — Alteration of Constitution Division 1 Memorandum of Association
61 Failure to comply with conditions
included in its memorandum or articles and that constitute it a
private company, it ceases to be entitled to the privileges and
exemptions conferred on private companies under the sections of
this Act relating
(a) repealed 2020 c25 s2(37),
(b) to the grounds on which a company may be wound up by
the Court (section 214), and
RSA 2000
(c) to the minimum number of members with which a company
may continue to carry on business (section 312),
and thereupon those sections apply to the company as if it were not
a private company.
(2) Notwithstanding subsection (1), the Court, on being satisfied
that the failure to comply with the provisions was accidental or due
to inadvertence or to some other sufficient cause, or that on other
grounds it is just and equitable to grant relief, may, on the
application of the company or any other person interested, and on
any terms and conditions that seem to the Court just and expedient,
order that the company be relieved from such consequences as
aforesaid.
RSA 2000 cC-21 s61;2020 c25 s2(37)