Section 21 Amendment of articlesC1 C2

United Kingdom

(1)

A company may amend its articles by special resolution.

(2)

In the case of a company that is a charity, this is subject to—

(a)

in England and Wales, F1sections 197 and 198 of the Charities Act 2011;

(b)

in Northern Ireland, F2section 96 of the Charities Act (Northern Ireland) 2008 .

(3)

In the case of a company that is registered in the Scottish Charity Register, this is subject to—

(a)

section 112 of the Companies Act 1989 (c. 40), and

(b)

section 16 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).

Annotations

F1: Words in s. 21(2)(a) substituted (14.3.2012) by Charities Act 2011 (c. 25), ss. 354, 355, Sch. 7 para. 113 (with s. 20(2), Sch. 8)
F2: Words in s. 21(2)(b) substituted (N.I.) (24.6.2013) by Charities Act (Northern Ireland) 2008 (c. 12) (N.I.), ss. 183, 185, {Sch. 8 para. 13(1)}; S.R. 2013/145, art. 2, Sch.

C1: S. 21 excluded (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 85(2)(a), 164(3)(g)(ii)
C2: S. 21 modified (31.12.2023) by The Resolution of Central Counterparties (Modified Application of Corporate Law and Consequential Amendments) Regulations 2023 (S.I. 2023/1313), regs. 1(2), 4

C1: Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
C2: Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2