Article 4 Re-registration as public company
Northern Ireland
An old public company may be re-registered as a public company if—
the directors pass a resolution, complying with paragraph (2), that it should be so re-registered, and
an application for the purpose in the prescribed form and signed by a director or secretary of the company is delivered to the registrar together with the documents mentioned in paragraph (4), and
at the time of the resolution, the conditions specified in Article 5 are satisfied.
The resolution must alter the company's memorandum so that it states that the company is to be a public company and make such other alterations in it as are necessary to bring it in substance and in form into conformity with the requirements of the principal Order with respect to the memorandum of the public company.
Chapter 3 of Part 3 of the Companies Act 2006 (resolutions affecting a company's constitution) applies to a resolution of the directors under this Article.
The documents referred to in paragraph (1)(b) are—
a printed copy of the memorandum as altered in pursuance of the resolution, and
a statutory declaration in the prescribed form by a director or secretary of the company that the resolution has been passed and that the conditions specified in Article 5 were satisfied at the time of the resolution.
The registrar may accept a declaration under paragraph 4(b) as sufficient evidence that the resolution has been passed and the necessary conditions were satisfied.
Article 57(1) and (3) to (5) of the principal Order applies on an application for re-registration under this Article as it applies on an application under Article 53 of that Order.
Annotations
Textual amendments
- F1
Art. 4(3) substituted (1.10.2007) by Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 51 (with art. 12)
Notes on the whole Order
Textual amendments
- F1
Order repealed (1.10.2009) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16; S.I. 2008/2860, arts. 3(z), 4, Sch. 1 Pt. 2 (with arts. 5, 7, 8, Sch. 2 (as amended by S.I. 2009/1802, art. 18, Sch. and S.I. 2009/2476, reg. 2(3)) and S.I. 2009/1941, arts. 10, 12, Sch. 3)