Chwilio Deddfwriaeth

Companies Act 1985

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 744

 Help about opening options

Version Superseded: 22/12/2000

Status:

Point in time view as at 22/11/2000. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Companies Act 1985, Section 744. Help about Changes to Legislation

744 Expressions used generally in this Act.E+W+S

In this Act, unless the contrary intention appears, the following definitions apply—

  • agent” does not include a person’s counsel acting as such;

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • articles” means, in relation to a company, its articles of association, as originally framed or as altered by resolution, including (so far as applicable to the company) regulations contained in or annexed to any enactment relating to companies passed before this Act, as altered by or under any such enactment;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

  • [F3authorised minimum” has the meaning given by section 118;]

  • bank holiday” means a holiday under the M1Banking and Financial Dealings Act 1971;

  • [F4banking company” means a company which is authorised under the Banking Act 1987;]

  • books and papers” and “books or papers” include accounts, deeds, writings and documents;

  • the Companies Acts” means this Act, the [F5insider dealing legislation] and the Consequential Provisions Act;

  • the Consequential Provisions Act” means the M2Companies Consolidation (Consequential Provisions) Act 1985;

  • the court”, in relation to a company, means the court having jurisdiction to wind up the company;

  • debenture” includes debenture stock, bonds and any other securities of a company, whether constituting a charge on the assets of the company or not;

  • document” includes summons, notice, order, and other legal process, and registers;

  • [F6'EEA State’ means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 M3 as adjusted by the Protocol signed at Brussels on 17th March 1993 M4.]

  • equity share capital” means, in relation to a company, its issued share capital excluding any part of that capital which, neither as respects dividends nor as respects capital, carries any right to participate beyond a specified amount in a distribution;

  • [F7expert” has the meaning given by section 62;]

  • [F8floating charge” includes a floating charge within the meaning given by section 462;]

  • the Gazette” means, as respects companies registered in England and Wales, the London Gazette and, as respects companies registered in Scotland, the Edinburgh Gazette;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9;

  • hire-purchase agreement” has the same meaning as in the M5Consumer Credit Act 1974;

  • [F10the insider dealing legislation” means Part V of the Criminal Justice Act 1993 (insider dealing).]

  • insurance company” means the same as in the M6Insurance Companies Act 1982;

  • [F11joint stock company” has the meaning given by section 683;]

  • memorandum”, in relation to a company, means its memorandum of association, as originally framed or as altered in pursuance of any enactment;

  • number”, in relation to shares, includes amount, where the context admits of the reference to shares being construed to include stock;

  • officer”, in relation to a body corporate, includes a director, manager or secretary;

  • official seal”, in relation to the registrar of companies, means a seal prepared under section 704(4) for the authentication of documents required for or in connection with the registration of companies;

  • oversea company” means—

    (a)

    a company incorporated elsewhere than in Great Britain which, after the commencement of this Act, establishes a place of business in Great Britain, and

    (b)

    a company so incorporated which has, before than commencement, established a place of business and continues to have an established place of business in Great Britain at that commencement;

  • place of business” includes a share transfer or share registration office;

  • prescribed” means—

    (a)

    as respects provisions of this Act relating to winding up, prescribed by general rules . . . F12, and

    (b)

    otherwise, prescribed by statutory instrument made by the Secretaty of State;

  • prospectus” means any prospectus, notice, circular, advertisement, or other invitation, offering to the public for subscription or purchase any shares in or debentures of a company;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15;

  • the registrar of companies” and “the registrar” means the registrar or other officer performing under this Act the duty of registration of companies in England and Wales or in Scotland, as the case may require;

  • share” means share in the share capital of a company, and includes stock (except where a distinction between shares and stock is express or implied); and

  • [F16undistributable reserves” has the meaning given by section 264(3).]

Textual Amendments

F2Definition of “authorised institution” inserted by Banking Act 1987 (c. 22, SIF 10), s. 108(1), Sch. 6 para. 18(8) and is repealed (subject to the transitional and saving provisions in S.I. 1990/355, arts. 5–9, Sch. 3 para. 1) by Companies Act 1989 (c. 40, SIF 27), ss. 23, 212, 213(2), Sch. 10 para. 16, Sch. 24

F4Definition inserted (subject to the transitional and saving provisions in S.I. 1990/355, arts. 6–9) by Companies Act 1989 (c. 40, SIF 27), ss. 23, 213(2), Sch. 10 para. 16

F5Words in s. 744 substituted (1.3.1994) by 1993 c. 36, s. 79(13), Sch. 5 para. 4(2); S.I. 1994/242, arts. 2, 3

F6Definition of “EEA State” in S. 744 inserted (20.10.1997) by S.I. 1997/2306, reg. 4(1)

F9Definition of “general rules” repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 10 Pt. II

F10Definition in s. 744 substituted (1.3.1994) by 1993 c. 36, ss. 79(13), Sch. 5 para. 4(1); S.I. 1994/242, arts. 2, 3

F13Definition of “prospectus issued generally” repealed (29.4.1988 except as mentioned in S.I. 1988/740, art. 2, Sch.) by Financial Services Act 1986 (c. 60, SIF 69), s. 212(3), Sch. 17 Pt. I

F14Definition of “recognised bank” repealed by Banking Act 1987 (c. 22, SIF 10), s. 108(1)(2), Sch. 6, para. 18(8), Sch. 7 Pt. I

F15Definition of “recognised stock exchange” repealed by Financial Services Act 1986 (c. 60, SIF 69), s. 212(3), Sch. 17 Pt. I

Modifications etc. (not altering text)

C1S. 744: definition of "equity share capital" applied by Ports Act 1991 (c. 52, SIF 58), s. 40(1)

C2S. 744 amended (7.6.1992) by S.I. 1992/1315, art. 10(1), Sch. 4 para. 2.

Marginal Citations

M3O.J. L1, 3.1.94, p. 3.

M4O.J. L1, 3.1.94, p. 571.

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?