{
  "url": "https://openlegislation.uk/companies-act-2006-commencement-no-8-transitional-provisions-and-savings-order-2008/article-3",
  "json_url": "https://openlegislation.uk/companies-act-2006-commencement-no-8-transitional-provisions-and-savings-order-2008/article-3.json",
  "legislation": "uksi/2008/2860",
  "legislation_title": "The Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008",
  "legislation_url": "https://openlegislation.uk/companies-act-2006-commencement-no-8-transitional-provisions-and-savings-order-2008",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Provisions of the Companies Act 2006 coming into force on 1st October 2009",
  "text": "The following provisions of the Companies Act 2006 come into force on 1st October 2009—\n(a) in Part 1 (general introductory provisions)—\nsection 1 (companies);\nsections 3 to 6 (types of company);\n(b) Part 2 (sections 7 to 16) (company formation);\n(c) in Part 3 (a company’s constitution)—\nsection 17 (a company’s constitution);\nsections 18 to 21, 22(1), (3) and (4) and 23 to 28 (articles of association);\nsections 31 to 38 (other provisions relating to a company’s constitution);\n(d) in Part 4 (a company’s capacity and related matters)—\nsections 39 to 42 (capacity of company and power of directors to bind it);\nsections 43 and 45 to 47 (formalities of doing business under the law of England and Wales or Northern Ireland);\nsection 48 (formalities of doing business under the law of Scotland);\nsections 49 to 52 (other matters);\n(e) in Part 5 (a company’s name)—\nsections 53 to 57 (general requirements);\nsections 58 to 65 (indications of company type or legal form);\nsections 66 to 68 (similarity to other names);\nsections 75 and 76 (powers of Secretary of State in relation to company names);\nsections 77 to 81 (change of name);\n(f) Part 6 (sections 86 to 88) (a company’s registered office);\n(g) Part 7 (sections 89 to 111) (re-registration as a means of altering a company’s status);\n(h) in Part 8 (a company’s members)—\nsection 112 (the members of a company);\nsections 113 to 115 and 120 and 122 to 127 (register of members);\nsections 129 to 135 (overseas branch registers);\nsections 136 to 144 (prohibition on subsidiary being member of its holding company);\n(i) in Part 10 (a company’s directors)—\nsections 162 to 167 (register of directors);\nsections 240 to 246 (directors’ residential addresses: protection from disclosure);\nsection 247 (power to make provision for employees on cessation or transfer of business);\n(j) in Part 12 (company secretaries), sections 275 to 279 (register of secretaries);\n(k) in Part 17 (a company’s share capital)—\nsections 540 to 543 and 545 to 548 (shares and share capital);\nsections 549 to 559 (allotment of shares: general provisions);\nsections 560 to 577 (allotment of equity securities: shareholders’ right of pre-emption);\nsections 578 and 579 (public companies: allotment where issue not fully subscribed);\nsections 580 to 592 (payment for shares);\nsections 593 to 609 (public companies: independent valuation of non-cash consideration);\nsections 610 to 616 (share premiums);\nsections 617 to 628 (alteration of share capital);\nsections 629 to 640 (classes of share and class rights);\nsections 641(1)(b) and 645 to 653 (reduction of share capital confirmed by the court);\nsections 655 to 657 (miscellaneous and supplementary provisions);\n(l) Part 18 (sections 658 to 737) (acquisition by limited company of its own shares);\n(m) Part 24 (sections 854 to 859) (a company’s annual return);\n(n) Part 25 (sections 860 to 894) (company charges);\n(o) Part 31 (sections 1000 to 1034) (dissolution and restoration to the register);\n(p) in Part 33 (UK companies not formed under companies legislation), sections 1040 to 1042 (companies not formed under companies legislation but authorised to register);\n(q) Part 34 (sections 1044 to 1059) (overseas companies);\n(r) in Part 35 (the registrar of companies)—\nsections 1060 to 1062 (the registrar);\nsection 1063 (fees payable to registrar), so far as not already in force;\nsections 1064 to 1067 (certificates of incorporation and registered numbers);\nsections 1068(1) to (4), (6) and (7) and 1069 to 1071 (delivery of documents to the registrar);\nsections 1072 to 1076 (requirements for proper delivery);\nsections 1081 to 1084 (the register);\nsections 1093 to 1098 (correction or removal of material on the register);\nsections 1099 to 1101 (the registrar’s index of company names);\nsections 1108 to 1110 (language requirements: transliteration);\nsections 1112 to 1120 (supplementary provisions);\n(s) in Part 36 (offences under the Companies Acts)—\nsections 1121 to 1123 (liability of officer in default);\nsection 1125 (meaning of “daily default fine”);\nsections 1127 to 1133 (other provisions);\n(t) in Part 37 (companies: supplementary provisions)—\nsections 1134 to 1136, 1137(2), (3) and (5)(a) and 1138 (company records);\nsections 1139 to 1142 (service addresses);\nsections 1149 to 1153 (requirements as to independent valuation);\nsections 1154 and 1155 (notice of appointment of certain officers);\nsection 1156 (meaning of “the court”);\n(u) in Part 38 (companies: interpretation)—\nsection 1158 (meaning of “UK-registered company”);\nsections 1159 and 1160 and Schedule 6 (meaning of “subsidiary” and related expressions);\nsection 1163 (meaning of “non-cash asset”);\nsection 1166 (meaning of “employees’ share scheme”);\nsections 1168, 1171, 1173 (so far as not already in force) and 1174 and Schedule 8 (other definitions etc);\n(v) in Part 39 (companies: minor amendments)—\nsection 1180 (repeal of certain provisions about company charges);\nsection 1181 (access to constitutional documents of RTE and RTM companies);\n(w) Part 40 (sections 1182 to 1191) (company directors: foreign disqualification);\n(x) Part 41 (sections 1192 to 1208) (business names);\n(y) in Part 44 (miscellaneous provisions)—\nsection 1275 (levy to pay expenses of bodies concerned with actuarial standards etc);\nsection 1283 (commonhold associations);\n(z) Part 45 (sections 1284 to 1287) (Northern Ireland).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 3(c) substituted (1.10.2009) by The Companies Act 2006 and Limited Liability Partnerships (Transitional Provisions and Savings) (Amendment) Regulations 2009 (S.I. 2009/2476), regs. 1(3), 2(2)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 3 in force at 1.10.2009, see art. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/2860/article/3",
    "retrieved_at": "2026-10-29T03:22:26.884389+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}