Companies Act 1985

Section 718.

SCHEDULE 22E+W+S Provisions of this Act applying to Unregistered Companies

Provisions of this Act appliedSubject matterLimitations and exceptions (if any)
In Part I—
section 18Statutory and other amendments of memorandum and articles to be registered.Subject to section 718(3).
[F1section 35][F1sections 35 to 35B]Company’s capacity; power of directors to bind it.Subject to section 718(3).
[F2Section 36][F2Company contracts.][F2Subject to section 718(3).]
[F2Sections 36A and 36B][F2Execution of documents.][F2Subject to section 718(3).]
[F2Section 36C][F2Pre-incorporation contracts, deeds and obligations.][F2Subject to section 718(3).]
. . . F3 . . . F3 . . . F3
section 40Official seal for share certificates, etc.Subject to section 718(3).
section 42Events affecting a company’s status to be officially notified.Subject to section 718(3).
. . . F4 . . . F4 . . . F4
. . . F4 . . . F4 . . . F4
In Part V—
section 185(4)Exemption from duty to prepare certificates where shares etc. issued to [F5clearing house or] nominee.Subject to section 718(3).
section 186Certificate as evidence of title.Subject to section 718(3).
Part VII, with—
Schedule 4 to 8Accounts and auditSubject to section 718(3).
Schedule 9 (except sub-paragraphs (a) to (d) of paragraph 2, sub-paragraphs (c) (d) and (e) of paragraph 3 and sub-paragraph (1)(c) of paragraph 10), and
[F6Schedules 10 and 10A]
In Part IX—
section 287Registered office.Subject to section 718(3).
sections 288 to 290Register of directors and secretaries.
Provisions of this Act appliedSubject matterLimitations and exceptions (if any)
In Part X, sections 343 to 347Register to be kept of certain transactions not disclosed in accounts; other related matters.Subject to section 718(3).
[F7section 322A][F7Invalidity of certain transactions involving directors, etc.][F7Subject to section 718(3)]
In Part XI—
section 351(1), (2) and (5)(a)Particulars of company to be given in correspondence.Subject to section 718(3).
sections 363 . . . F8 to 365Annual return.Subject to section 718(3).
sections 384 to [F9394A]Appointment, . . . F10, etc., of auditors.Subject to section 718(3).
[F11Part XII][F11Registration of company charges; copies of instruments and register to be kept by company][F11Subject to section 718(3).]
[F12Part XIV (except section 446)][F12Investigation of companies and their affairs; requisition of documents.]
F12Part XVEffect of order imposing restrictions on shares.To apply so far only as relates to orders under section 445.
[F13Part XVI][F13Fraudulent trading by a company.]
F13In Part XXIV—
[F14sections 706, 708 to 710, 712 and 713][F14sections 706 to 710A, 713 and 715A]Miscellaneous provisions about registration.
section 711Public notice by registrar of companies with respect to certain documents.Subject to section 718(3).
[F15Section 711A][F15Abolition of doctrine of deemed notice.][F15Subject to section 718(3).]
In Part XXV—
section 720Companies to publish periodical statement.Subject to section 718(3).
section 721Production and inspection of company’s books.To apply so far only as these provisions have effect in relation to provisions applying by virtue of the foregoing provisions of this Schedule.
section 722Form of company registers, etc.
section 723Use of computers for company records.
[F16Section 723A][F16Rights of inspection and related matters.][F16To apply only so far as this provision has effect in relation to provisions applying by virtue of the foregoing provisions of this Schedule.]
section 725Service of documents.
section 730, with Schedule 24Punishment of offences; meaning of “officer in default”.
section 731Summary proceedings.
section 732Prosecution by public authorities.
Part XXVIInterpretation.To apply so far as requisite for the interpretation of other provisions applied by section 718 and this Schedule.

Textual Amendments

F1Sch. 22 Part I: in the first column “sections 35 to 35B” substituted (4.2.1991) for “section 35” by Companies Act 1989 (c. 40, SIF 27), ss. 108(3), 203(2)

F3Sch. 22: entry relating to section 36(4) repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24

F4Sch. 22: entries relating to Parts III and IV 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

F6Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 para. 23 (subject to the transitional and saving provisions mentioned in S.I. 1990/355, arts. 6–9)

F7Sch. 22: entry inserted (4.2.1991) (subject to the transitional and savings provisions in S.I. 1990/2569, art. 7) by Companies Act 1989 (c. 40, SIF 27), ss. 109(2), 213(2)

F8Words repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24 (subject to transitional and saving provisions in S.I. 1990/1707, arts. 4 and 5)

F9 “394A” substituted for “394” by Companies Act 1989 (c. 40, SIF 27), ss. 123(5), 213(2) (subject to transitional provisions in S.I. 1990/355, arts. 4, 10, Sch. 4)

F10Word repealed (subject to the transitional and saving provisions mentioned in S.I. 1990/355, art. 5) by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24

F12Sch. 22 : entry relating to Part XIV substituted by Companies Act 1989 (c. 40, SIF 27), ss. 71, 213(2)

F14Sch. 22 : “sections 706 to 710A, 713 and 715A” substituted(prosp.) for “sections 706, 708 to 710, 712 and 713” by Companies Act 1989 (c. 40, SIF 27), ss. 127(7), 213(2), 215(2) (the reference to ss. 706, 707 and 715A coming into force on 7.1.1991 as referred to in S.I. 1990/2569, art. 4(b) and the remainder of the substitution isprosp.)