PART IIIRE-REGISTRATION AS A MEANS OF ALTERING A COMPANY'S STATUS
Private company becoming public
Certificate of re-registration under Article 5357
1
If the registrar is satisfied, on an application under Article 53, that a company may be re-registered under that Article as a public company, he shall—
a
retain the application and other documents delivered to him under that Article; and
b
issue the company with a certificate of incorporation stating that the company is a public company.
2
The registrar may accept a declaration under Article 53(3)(e)F2 or a statement under Article 53(3A) as sufficient evidence that the special resolution required by that Article has been passed and the other conditions of re-registration have been satisfied.
3
The registrar shall not issue a certificate of incorporation if it appears to him that the court has made an order confirming a reduction of the company's capital which has the effect of bringing the nominal value of the company's allotted share capital below the authorised minimum.
4
Upon the issue to a company of a certificate of incorporation under this Article—
a
the company by virtue of the issue of that certificate becomes a public company; and
b
any alterations in the memorandum and articles of association set out in the resolution take effect accordingly.
5
A certificate of incorporation is conclusive evidence—
a
that the requirements of this Order in respect of re-registration and of matters precedent and incidental thereto have been complied with; and
b
that the company is a public company.