(1) This section shall have effect with respect to the variation of the rights attached to any class of shares in a company whose share capital is divided into shares of different classes.
(2) Where the rights are attached to a class of shares in the company otherwise than by the memorandum, and the articles of the company do not contain provision with respect to the variation of the rights, those rights may be varied if, but only if -
(a) the holders of three-quarters in nominal value of the issued shares of that class consent in writing to the variation; or
(b) a special resolution passed at a separate general meeting of the holders of that class sanctions the variation;
and any requirement (howsoever imposed) in relation to the variation of those rights is complied with to the extent that it is not comprised in paragraphs (a) and (b).
(3) Where -
(a) the rights are attached to a class of shares in the company by the memorandum or otherwise;
(b) the memorandum or articles contai