Companies Act 2006

Chapter 2 U.K. Unregistered companies

1043 Unregistered companies U.K.

(1) This section applies to bodies corporate incorporated in and having a principal place of business in the United Kingdom, other than—

(a) bodies incorporated by, or registered under, a public general Act of Parliament;

(b) bodies not formed for the purpose of carrying on a business that has for its object the acquisition of gain by the body or its individual members;

(c) bodies for the time being exempted from this section by direction of the Secretary of State;

(d) open-ended investment companies.

[F1 (e) protected cell companies registered under Part 4 of the Risk Transformation Regulations 2017.]

(2) The Secretary of State may make provision by regulations applying specified provisions of the Companies Acts to all, or any specified description of, the bodies to which this section applies.

(3) The regulations may provide that the specified provisions of the Companies Acts apply subject to any specified limitations and to such adaptations and modifications (if any) as may be specified.

(4) This section does not—

(a) repeal or revoke in whole or in part any enactment, royal charter or other instrument constituting or regulating any body in relation to which provisions of the Companies Acts are applied by regulations under this section, or

(b) restrict the power of Her Majesty to grant a charter in lieu or supplementary to any such charter.

But in relation to any such body the operation of any such enactment, charter or instrument is suspended in so far as it is inconsistent with any of those provisions as they apply for the time being to that body.

(5) In this section “specified” means specified in the regulations.

(6) Regulations under this section are subject to negative resolution procedure.

Textual Amendments

F1 S. 1043(1)(e) inserted (8.12.2017) by The Risk Transformation Regulations 2017 (S.I. 2017/1212), reg. 1(2), Sch. 4 para. 4(b) (with reg. 189)

Commencement Information

I1 S. 1043 wholly in force at 6.4.2007; s. 1043 not in force at Royal Assent, see s. 1300; s. 1043 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)); s. 1043 wholly in force at 6.4.2007 by S.I. 2007/1093 {art. 2(1)(c)}