Offences by directors of companies required to have financial statements audited. 18. 483.Enforcement of receiver's duty to make returns, etc. 13. 32. 18. 283 Secretary (1) Every company shall have a secretary. For more information see the EUR-Lex public statement on re-use. i Section, Provisions as to information where receiver appointed, Special provisions as to statement submitted to receiver. 72 to 77, PART IV Allotment of Shares and Debentures, 80.Authority of company required for certain allotments, 81.Restriction on public offers by private company, 82.Application for, and allotment of, shares and debentures, 83.No allotment unless minimum subscription received, 84.Allotment where issue not fully subscribed, 86.Allotment of shares, etc. 3. (1) A person is taken to have an interest in... 7.Persons having a joint interest are deemed each of them... 8.It is immaterial that shares or debentures in which a... 9.So long as a person is entitled to receive, during... 10.A person is to be treated as uninterested in shares... 11.There is to be disregarded an interest of a person... 12.There is to be disregarded any interest—. 61.Subject to paragraphs 63 and 66, the consolidated balance sheet... 62.Subject to paragraphs 63 to 66, and to Part V... 63.The following provisions of this Act, namely—. 178. 9. Following eight years of consultation, the final provisions of the Act became law in October 2009. (1) An obligation imposed on a person by section 324(2)... 16.In reckoning, for purposes of paragraphs 14 and 15, any... PART III Circumstances in Which Obligation Imposed by Section 324 is not Discharged. Other than Subsidiaries. 36. ), Delegation of powers to liquidator (England and Wales), Orders for calls on contributories (Scotland), Enforcement throughout United Kingdom of orders made in winding up, Circumstances in which company may be wound up voluntarily, Notice of resolution to wind up voluntarily, Avoidance of share transfers, etc., after winding up resolution, Distinction between " members' " and " creditors'" voluntary winding up, Company's power to appoint and fix remuneration of liquidator, Power to fill vacancy in office of liquidator, Liquidator accepting shares as consideration for sale of company property, General company meeting at each year's end, Alternative provision as to company meetings in case of insolvency, Remuneration of liquidator; cesser of directors' powers, Application of s. 582 to creditors' voluntary winding up, Meetings of company and creditors at end of each year, Powers and duties of liquidator in voluntary winding up, Appointment or removal of liquidator by the court, Reference of questions and powers to court, Court's power to control proceedings (Scotland), Saving for rights of creditors and contributories, Power to order winding up under supervision, Application of bankruptcy rules (England and Wales), Liabilities and rights of those fraudulently preferred (England and Wales), Disclaimer of onerous property (England and Wales), Further provisions about disclaimer under s. 618, Liability for rentcharge on company's land after disclaimer, Effect of execution or attachment (England and Wales), Duties of sheriff where goods seized in execution (England and Wales), Effect of diligence within 60 days of winding up, Fraud, etc. 2. 29. 547.Constitution and proceedings of committee of inspection, 548.Power of Secretary of State to act in place of committee, General powers of court in case of winding up by the court, 550.Settlement of list of contributories and application of assets, 552.Debts due from contributory to company, 554.Payment into bank of money due to company, 555.Order on contributory to be conclusive evidence, 556.Appointment of special manager (England and Wales), 557.Power to exclude creditors not proving in time, 558.Adjustment of rights of contributories, 559.Inspection of books by creditors and contributories, 560.Costs of winding up may be made payable out of assets. (1) Where a fixed asset investment of a description falling... 20.Rules for determining particular fixed asset items. 313.Company approval for property transfer. 10. 1.If at the end of the financial year the company... 2.The particulars required by paragraph 1 include, with reference to... 3.Paragraph 1 does not require the disclosure of information with... 4.If at the end of its financial year the company... 5.If advantage is taken of paragraph 4, there must be... 6.For purposes of this Part, shares of a body corporate... PART II Shareholdings in Companies Etc. Substantial property transactions involving directors, etc. 29. 179. Accounts complying with Banks and Financial Institutions Act. Trustee's right to expenses, remuneration, indemnity, etc. 320.Substantial property transactions involving directors, etc. 189. 146, 147, 150.Charges of public companies on own shares, CHAPTER VI Financial Assistance by a Company for Acquisition of its Own Shares, Provisions applying to both public and private companies, 151.Financial assistance generally prohibited, 153.Transactions not prohibited by s. 151, 154.Special restriction for public companies, 155.Relaxation of s. 151 for private companies, 158.Time for giving financial assistance under s. 155, CHAPTER VII Redeemable Shares ; Purchase by a Company of its Own Shares, 162.Power of company to purchase own shares, 163.Definitions of " off-market" and " market " purchase, 165.Authority for contingent purchase contract, 167.Assignment or release of company's right to purchase own shares, 168.Payments apart from purchase price to be made out of distributable profits, 169.Disclosure by company of purchase of own shares, Redemption or purchase of own shares out of capital (private companies only), 171.Power of private companies to redeem or purchase own shares out of capital, 172.Availability of profits for purposes of s. 171, 173.Conditions for payment out of capital, 174.Procedure for special resolution under s. 173, 175.Publicity for proposed payment out of capital, 176.Objections by company's members or creditors, 177.Powers of court on application under s. 176, 178.Effect of company's failure to redeem or purchase, 179.Power for Secretary of State to modify this Chapter, 180.Transitional cases arising under this Chapter; and savings, CHAPTER VIII Miscellaneous Provisions about Shares and Debentures, Share and debenture certificates, transfers and warrants, 182.Nature, transfer and numbering of shares, 185.Duty of company as to issue of certificates, 187.Evidence of grant of probate or confirmation as executor, 188.Issue and effect of share warrant to bearer, 189.Offences in connection with share warrants (Scotland), 194.Power to re-issue redeemed debentures, 196.Payment of debts out of assets subject to floating charge (England and Wales), PART VI Disclosure of Interests in Shares, 198.Obligation of disclosure: the cases in which it may arise and " the relevant time ", 200." company documents, Punishment for furnishing false information, Consequence of order imposing restrictions, Punishment for attempted evasion of restrictions, Further provisions on sale by court order of restricted shares, Order on application of Secretary of State, Provisions as to petitions and orders under this Part, Power of incorporated company to create floating charge, Continued effect of certain charges validated by Act of 1972, Agency and liability of receiver for contracts. 6. The Act was a consolidation of various other pieces of company legislation, and was one component of the rules governing companies in England and Wales and in Scotland. 10. 10. 322.Liabilities arising from contravention of s. 320, Share dealings by directors and their families, 323.Prohibition on directors dealing in share options, 324.Duty of director to disclose shareholdings in own company, 325.Register of directors' interests notified under s. 324, 327.Extension of s. 323 to spouses and children, 328.Extension of s. 324 to spouses and children, 329.Duty to notify stock exchange of matters notified under preceding sections, Restrictions on a company's power to make loans, etc., to directors and persons connected with them, 330.General restriction on loans etc. 3. The expression " financial year" in this Part means the... Any report required by this Part shall either indicate by... (1) A report required by paragraph 17 or 18 shall... (1) Subject to the following provisions of this Schedule—. (1) Subject to the following provisions of this Schedule—. (1) There must be stated the number, description and amount... 5.The prospectus must state the number and amount of shares... Property acquired or to be acquired by the company. The Companies Act 1985 (c.6) is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland, enacted in 1985, which enabled companies to be formed by registration, and set out the responsibilities of companies, their directors and secretaries. to directors and persons connected with them, 336.Transactions at behest of holding company, 337.Funding of director's expenditure on duty to company, 338.Loan or quasi-loan by money-lending company, 339." Section 3-Application of Act PART II Re-registration as a means of altering a company's status, 43.Re-registration of private company as public, 44.Consideration for shares recently allotted to be valued, 45.Additional requirements relating to share capital, 46.Meaning of " unqualified report " in s. 43(3), 47.Certificate of re-registration under s. 43, 48.Modification for unlimited company re-registering, 49.Re-registration of limited company as unlimited, 50.Certificate of re-registration under s. 49, 51.Re-registration of unlimited company as limited, 52.Certificate of re-registration under s. 51, 53.Re-registration of public company as private, 54.Litigated objection to resolution under s. 53, 55.Certificate of re-registration under s. 53, CHAPTER I Issues by Companies Registered, or to be Registered, in Great Britain, 56.Matters to be stated, and reports to be set out, in prospectus, 58.Document offering shares etc. (1) This Act may be cited as the Companies Act 1965. 14. may also experience some issues with your browser, such as an alert box that a script is taking a of resolutions and agreements, Auditors' right to attend company meetings, Right of resigning auditor to requisition company meeting, Powers of auditors in relation to subsidiaries, Verification of charge on property outside United Kingdom, Company's duty to register charges it creates, Register of charges to be kept by registrar of companies, Companies to keep copies of instruments creating charges. PART 1 - PRELIMINARY. 5. 19. 6. Repeals 3. 23. 546.Decision whether committee of inspection to be appointed. Section 2-Interpretation First Sch. (1) The auditors' special report under paragraph 10 shall include... 23.Subject as above, where the directors rely on section 250... Form and Content of Special Category Accounts. Act you have selected contains over Holding company ", " subsidiary " and " wholly-owned subsidiary ", 740." 21. Validity of acts of directors. 9. 89, 90, 93.Saving for other restrictions as to offers, 96.Saving for company's pre-emption procedure operative before 1982, 98.Apart from s. 97, commissions and discounts barred, Amount to be paid for shares; the means of payment, 99.General rules as to payment for shares on allotment, 100.Prohibition on allotment of shares at a discount, 101.Shares to be allotted as at least one-quarter paid-up, 102.Restriction on payment by long-term undertaking, 103.Non-cash consideration to be valued before allotment, 104.Transfer to public company of non-cash asset in initial period, 106.Shares issued to subscribers of memorandum, 110.Entitlement of valuer to full disclosure, 111.Matters to be communicated to registrar, Other matters arising out of allotment &c, 112.Liability of subsequent holders of shares allotted, 113.Relief in respect of certain liabilities under ss. “the Company” means Light Aircraft Association Limited “the Articles” means the articles of the Company. (1) The balance sheet of a company which is a... 21.Subject to the following paragraphs of this Part of this... 22.Subject as aforesaid and to Part III of this Schedule,... 23.The following provisions of this Act, namely—. of documents delivered to registrar. Offences by directors of exempt companies. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. Interpretation 4. (1) In relation to a company's accounts for a financial... 12.In relation to a company's accounts for a financial year,... 13.Section 345 of this Act (power of Secretary of State... 14.The following provisions of this Act apply for purposes of... PART II Matters to be Disclosed under Section 233. 265, 266 to other companies, 268.Realised profits of insurance company with long term business, 270.Distribution to be justified by reference to company's accounts, 271.Requirements for last annual accounts, 274.Method of applying s. 270 to successive distributions, 275.Treatment of assets in the relevant accounts, 277.Consequences of unlawful distribution, 278.Saving for provision in articles operative before Act of 1980, 279.Distributions by special category companies, 281.Saving for other restraints on distribution, PART IX A Company's Management ; Directors and Secretaries ; their Qualifications, Duties and Responsibilities, 286.Qualifications of company secretaries, 288.Register of directors and secretaries, 289.Particulars of directors to be registered under s. 288, 290.Particulars of secretaries to be registered under s. 288, Provisions governing appointment of directors, 292.Appointment of directors to be voted on individually, 295.Disqualification orders: introductory, 296.Disqualification on conviction of indictable offence, 297.Disqualification for persistent default under Companies Acts, 298.Disqualification for fraud etc. Companies registered but not formed under former Companies Acts. 6. (1) If the net realisable value of any current asset... Miscellaneous and supplementary provisions, 24.Excess of money owed over value received as an asset item, 26.Determination of purchase price or production cost. 18. . The Companies Act, 2004 [No. ] This Part of this Schedule requires information to be given... (1) There shall be shown by reference to each pair... (1) For these purposes, a person's emoluments include any paid... References in paragraph 36 to a company's subsidiary—. 415.Company's duty to register charges created by it, 416.Duty to register charges existing on property acquired, 417.Register of charges to be kept by registrar of companies, 418.Certificate of registration to be issued, 421.Copies of instruments creating charges to be kept by company, 423.Right to inspect copies of instruments, and company's register, PART XIII Arrangements and Reconstructions, 425.Power of company to compromise with creditors and members, 426.Information as to compromise to be circulated, 427.Provisions for facilitating company reconstruction or amalgamation, 428.Power to acquire shares of dissenting minority, 429.Dissentient's right to compel acquisition of his shares, 430.Provisions supplementing ss. 14. A company will also be governed by its own memorandum and articles of association. (1) Subject to the following sub-paragraph, where the company is... Consolidated accounts of holding company and subsidiaries. Company's name to appear in its correspondence, etc. Act 9 of 2007 (GG 3969) brought into force on . 99 ff to special cases, Public company share capital requirements, Provision for different amounts to be paid on shares, Alteration of share capital (limited companies), Notice to registrar of increased share capital, Saving for court's powers under other provisions, Shareholders' right to object to variation, Registration of particulars of special rights, Registration of newly created class rights, Relief in respect of group reconstructions, Provision for extending or restricting relief from s. 130, Special resolution for reduction of share capital, Application to court for order of confirmation, Registration of order and minute of reduction, Public company reducing capital below authorised minimum. 677. 75. If under the Section 425 Companies Act 1985 the Court sanctions a compromise or arrangement proposed for the purposes or in connection with a scheme for the reconstruction of the Company or its amalgamation with any other company or companies, the Option may be exercised within one month of the Court sanctioning the compromise or arrangement.. The Whole Act you have selected contains over 200 provisions and might take some time to download. 19. 30. Certain aspects of the Companies Act 1985 have not been replaced by the Companies Act 2006, and they will remain in force: Parliament of the United Kingdom of Great Britain and Northern Ireland, Church of England Assembly (Powers) Act 1919, Measures of the National Assembly for Wales, Acts of the Parliament of Northern Ireland, https://en.wikipedia.org/w/index.php?title=Companies_Act_1985&oldid=925416491, Acts of the Parliament of the United Kingdom concerning England and Wales, Acts of the Parliament of the United Kingdom concerning Scotland, Creative Commons Attribution-ShareAlike License, orders imposing restrictions on shares following an investigation, This page was last edited on 10 November 2019, at 00:29. (1) Subject to the qualification mentioned below, the purchase price... 28.Substitution of original stated amount where price or cost unknown. 89, 90 by private company, 92.Consequences of contravening ss. (Omitted). 17. 200 provisions and might take some time to download. (1) For purposes of the following two paragraphs, " relevant... 7.As respects any relevant property, the prospectus must state—. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. (1) This Part of this Schedule applies to the directors'... PART IV Health, Safety and Welfare at Work of Company's Employees. 349.Company's name to appear in its correspondence, etc. Construction of references in other Acts to companies registered under Companies (Consolidation) Act 1908 and Act of 1963. under s. 528, Appointment and powers of provisional liquidator, Appointment, style, etc., of liquidators in England and Wales, Vesting of company property in liquidator, Exercise and control of liquidator's powers. 1.Paragraphs 2 to 13 of this Schedule apply to the... PART I General Provisions as to Balance Sheet and Profit and Loss Account. The following provisions of this Act, namely—. 306.Limited company may have directors with unlimited liability, 307.Special resolution making liability of directors unlimited, 309.Directors to have regard to interests of employees, 310.Provisions exempting officers and auditors from liability, PART X Enforcement of Fair Dealing by Directors, Restrictions on directors taking financial advantage, 311.Prohibition on tax-free payments to directors. Right to inspect instruments which create charges, etc. (1) In the case of a person who is or... 7.Where the official receiver or the Secretary of State intends... 8.On the hearing of an application under section 300 by... PART III Transitional Provisions and Savings from Companies Act 1981, ss. 13. 15. 99 ff, 116.Application of ss. 2. Section B The Required Formats for Accounts Preliminary. Court disqualified directors. 247-250 and Sch. 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