Section 4 Private and public companies

(1)

A “private company” is any company that is not a public company.

(2)

A “public company” is a company limited by shares or limited by guarantee and having a share capital—

(a)

whose certificate of incorporation states that it is a public company, and

(b)

in relation to which the requirements of this Act, or the former Companies Acts, as to registration or re-registration as a public company have been complied with on or after the relevant date.

(3)

For the purposes of subsection (2)(b) the relevant date is—

(a)

in relation to registration or re-registration in Great Britain, 22nd December 1980;

(b)

in relation to registration or re-registration in Northern Ireland, 1st July 1983.

(4)

For the two major differences between private and public companies, see Part 20.

Notes on Part 1

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: 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