DnaNudge Ltd ' Conflicting Articles Of Association

Published date12 March 2024
Law FirmShepherd and Wedderburn LLP
AuthorEva Fraser

The Court of Appeal's decision regarding conflicting provisions in DnaNudge Ltd v Ventura Capital GP Ltd highlights the importance of ensuring there's no provision clashes when drafting articles of association.

The Court of Appeal's decision in DnaNudge Ltd v Ventura Capital GP Ltd provides a stark reminder of the importance of checking for conflicting provisions when drafting articles of association.

Contested articles

The case concerned the interplay between two of DnaNudge's (the "Company") articles, namely:

  • Article 9 provided for the conversion of series A shares into ordinary shares in various situations, including an automatic/ forced conversion of all series A shares into ordinary shares by written notice from an Investor Majority. An Investor Majority was defined in the articles as the holders of a majority of the ordinary and...

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