Part II Transfer of Undertaking of National Freight Corporation

Transfer of undertaking of National Freight Corporation to a company limited by shares

47 Transitional provisions with respect to reserves etc.

1

An amount corresponding to any reserves of the Corporation immediately before the appointed day which represent accumulated profits shall be treated by the successor company as reserves of that company applicable for the same purposes as the corresponding reserves of the Corporation.

2

Nothing in F1section 130 of the Companies Act 1985 (which requires premiums received on the issue of shares to be transferred to a share premium account) shall affect the operation of subsection (1).

3

The successor company shall treat the reserves of any company in which the Corporation held shares which were available for distribution immediately before the appointed day as if they had arisen immediately after the appointed day.

4

Where any dividend is paid to the successor company in respect of shares transferred to the company by virtue of section 45, that dividend shall be available for distribution as profits of the successor company notwithstanding that it is paid out of profits of the company paying the dividend attributable to a period falling wholly or partly before the appointed day.

5

In ascertaining for the purposes of F1section 130 of the Companies Act 1985 what amount (if any) falls to be treated as a premium received on the issue of any shares in pursuance of section 46, the amount of the net assets transferred by virtue of section 45 shall be taken to be reduced by an amount corresponding to the amount of any reserve within subsection (1).