Does the uncertainty about whether provisions relating to variation of class rights are provisions for entrenchment apply to all such provisions?
No. Where provisions relating to class rights are not set out in the articles there is no uncertainty – the uncertainty only relates to provisions relating to the variation of class rights which are contained in articles and which provide that specified provisions in the articles can only be changed if a condition is met o by following a procedure that is more restrictive that those which apply in the case of a special resolution.
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