{
  "url": "https://openlegislation.uk/companies-act-2006/section-758",
  "json_url": "https://openlegislation.uk/companies-act-2006/section-758.json",
  "legislation": "ukpga/2006/46",
  "legislation_title": "Companies Act 2006",
  "legislation_url": "https://openlegislation.uk/companies-act-2006",
  "path": "section/758",
  "kind": "section",
  "number": "758",
  "heading": "Enforcement of prohibition: orders available to the court after contravention",
  "text": "(1) This section applies if it appears to the court—\n(a) on an application under this section, or\n(b) in proceedings under Part 30 (protection of members against unfair prejudice),\nthat a company has acted in contravention of section 755 (prohibition of public offers by private companies).\n(2) The court must make an order requiring the company to re-register as a public company unless it appears to the court—\n(a) that the company does not meet the requirements for re-registration as a public company, and\n(b) that it is impractical or undesirable to require it to take steps to do so.\n(3) If it does not make an order for re-registration, the court may make either or both of the following—\n(a) a remedial order (see section 759), or\n(b) an order for the compulsory winding up of the company.\n(4) An application under this section may be made by—\n(a) a member of the company who—\n(i) was a member at the time the offer was made (or, if the offer was made over a period, at any time during that period), or\n(ii) became a member as a result of the offer,\n(b) a creditor of the company who was a creditor at the time the offer was made (or, if the offer was made over a period, at any time during that period), or\n(c) the Secretary of State.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2006/46/section/758",
    "retrieved_at": "2026-10-29T09:13:40.060156+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."
}