- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (25/07/1991)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/10/2009
Point in time view as at 25/07/1991. This version of this provision has been superseded.
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Companies Act 1985, Section 719 is up to date with all changes known to be in force on or before 23 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The powers of a company include (if they would not otherwise do so apart from this section) power to make the following provision for the benefit of persons employed or formerly employed by the company or any of its subsidiaries, that is to say, provision in connection with the cessation or the transfer to any person of the whole or part of the undertaking of the company or that subsidiary.
(2)The power conferred by subsection (1) is exercisable notwithstanding that its exercise is not in the best interests of the company.
(3)The power which a company may exercise by virtue only of subsection (1) shall only be exercised by the company if sanctioned—
(a)in a case not falling within paragraph (b) or (c) below, by an ordinary resolution of the company, or
(b)if so authorised by the memorandum or articles, a resolution of the directors, or
(c)if the memorandum or articles require the exercise of the power to be sanctioned by a resolution of the company of some other description for which more than a simple majority of the members voting is necessary, with the sanction of a resolution of that description;
and in any case after compliance with any other requirements of the memorandum or articles applicable to its exercise.
(4)Any payment which may be made by a company under this section may, if made before the commencement of any winding up of the company, be made out of profits of the company which are available for dividend.
Modifications etc. (not altering text)
C1S. 719 modified (subject to the transitional and savings provisions mentioned in S.I. 1990/1392, art. 6) by Companies Act 1989 (c. 40, SIF 27), ss. 144(4), 213(2), Sch. 18 para. 36
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