OpenLegislation

Paragraph 11

(1)

Provision for applying F1sections 836 to 840 of the Companies Act 2006 (relevant accounts for determining whether a distribution is lawful) in relation to any initial distribution of the successor company as if—

(a)

the accounts prepared by that company in accordance with the provision authorised below in this paragraph were accounts relevant under F2section 836; and

(b)

references in F3section 839 to initial accounts included references to any such accounts.

(2)

The accounts referred to in sub-paragraph (1) above are such accounts as, on such assumptions as may be specified in or made in accordance with any provision of the scheme, would have been prepared under F4Part 15 of the Companies Act 2006 in respect of the last accounting year of the relevant port authority in question ending before the date on which the transfer under section 2 above takes effect.

(3)

The provision that may be made by the scheme with respect to those accounts includes provision corresponding to that authorised under paragraph 9(1)(c) above in relation to statutory accounts of the successor company.

(4)

The reference in sub-paragraph (1) above to an initial distribution of the successor company is a reference to any distribution declared—

(a)

during the accounting reference period of that company which includes the date on which the transfer under section 2 above takes effect; or

(b)

before any accounts of that company are laid or delivered to the registrar of companies in respect of that period.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 11(1) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 179(2)(a) (with arts. 6, 11, 12)

F2

Words in Sch. 1 para. 11(1)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 179(2)(b) (with arts. 6, 11, 12)

F3

Words in Sch. 1 para. 11(1)(b) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 179(2)(c) (with arts. 6, 11, 12)

F4

Words in Sch. 1 para. 11(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 179(3) (with arts. 6, 11, 12)