Explanatory note

In accordance with Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”), a company, referred to in that Chapter as a RTM company, may acquire and exercise rights in relation to the management of premises. Section 73(2) of the 2002 Act provides that a company is a RTM company in relation to premises if it is a private company limited by guarantee and its memorandum of association states that its object, or one of its objects, is the acquisition and exercise of the right to manage those premises. Subsections (3) to (5) of that section describe companies that are not RTM companies and the circumstances in which a RTM company ceases to be a company of that description

These Regulations prescribe the form and content of the memorandum of association and articles of association of RTM companies in relation to premises in England.

The prescribed content, though not the prescribed form, has effect in relation to RTM companies whether or not they adopt the content set out in the Schedule to the Regulations.

Where a RTM company adopts a memorandum and articles before the coming into force of these Regulations, the memorandum and articles are treated as including such of the content set out in the Schedule as is necessary to secure that those documents comply with the Regulations.