Section 40, The Companies Act, 2009

(1) A company may not alter the conditions contained inits memorandum except in the cases and in the manner and to the extent for which express provision is made in this Act. (2) Only those provisions which are required by section 23 or by any other specific provision contained in this Act, to be stated in the memorandum of the company concerned shall be deemed to be conditions contained in its memorandum.