Section 367 Form of authorising resolutionI1C1
United Kingdom
A resolution conferring authorisation for the purposes of this Part may relate to—
the company passing the resolution,
one or more subsidiaries of that company, or
the company passing the resolution and one or more subsidiaries of that company.
A resolution may be expressed to relate to all companies that are subsidiaries of the company passing the resolution—
at the time the resolution is passed, or
at any time during the period for which the resolution has effect,
without identifying them individually.
The resolution may authorise donations or expenditure under one or more of the following heads—
donations to political parties or independent election candidates;
donations to political organisations other than political parties;
political expenditure.
The resolution must specify a head or heads—
in the case of a resolution under subsection (2), for all of the companies to which it relates taken together;
in the case of any other resolution, for each company to which it relates.
The resolution must be expressed in general terms conforming with F1subsection (3) and must not purport to authorise particular donations or expenditure.
For each of the specified heads the resolution must authorise donations or, as the case may be, expenditure up to a specified amount in the period for which the resolution has effect (see section 368).
The resolution must specify such amounts—
in the case of a resolution under subsection (2), for all of the companies to which it relates taken together;
in the case of any other resolution, for each company to which it relates.
Annotations
Textual amendments
- F1
Words in s. 367(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 260(2) (with art. 10)
Modifications
- C1
Ss. 362-379 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 9 (with transitional provisions and savings in regs. 7, 9, Sch. 2)
Commencement
- I1
S. 367 wholly in force at 1.10.2008; s. 367 not in force at Royal Assent see s. 1300; s. 367 in force for certain purposes at 1.10.2007 (E.W.S.) and 1.11.2007 (N.I.) and in force otherwise at. 1.10.2008 by S.I. 2007/2194, arts. 2(2), 3(1), 5(1)(h) (with saving in art. 12 and with transitional provisions and savings in Sch. 3)
Notes on Part 14
Modifications
- 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
Pt. 14 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 16 (with transitional provisions and savings in regs. 7, 9, Sch. 2)
- C3
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