Part II Re-registration as a means of altering a company’s status
Private company becoming public
47 Certificate of re-registration under s. 43.
C11
If the registrar of companies is satisfied, on an application under section 43, that a company may be re-registered under that section as a public company, he shall—
a
retain the application and other documents delivered to him under the section; and
C2b
issue the company with a certificate of incorporation stating that the company is a public company.
2
The registrar may accept a declaration under section 43(3)(e) F1or a statement under section 43(3A) as sufficient evidence that the special resolution required by that section has been passed and the other conditions of re-registration satisfied.
C13
The registrar shall not issue the certificate 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 F2(see Chapter 2 of Part 20 of the Companies Act 2006).
C14
Upon the issue to a company of a certificate of incorporation under this section—
a
the company by virtue of the issue of that certificate becomes a public company; and
b
any alterations in the memorandum and articles set out in the resolution take effect accordingly.
C15
The certificate is conclusive evidence—
a
that the requirements of this Act 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.