Companies Consolidation (Consequential Provisions) Act 1985

2 Re-registration as public company

(1) An old public company may be re-registered as a public company if—

(a) the directors pass a resolution, complying with the following subsection, that it should be so re-registered, and

(b) an application for the purpose in the prescribed form and signed by a director or secretary of the company is delivered to the registrar of companies together with the documents mentioned in subsection (4) below, and

(c) at the time of the resolution, the conditions specified in section 3 below are satisfied.

(2) The resolution must alter the company's memorandum so that it states that the company is to be a public company and make such other alterations in it as are necessary to bring it in substance and in form into conformity with the requirements of the principal Act with respect to the memorandum of a public company.

(3) A resolution of the directors under this section is subject to section 380 of the principal Act (copy of resolution to be forwarded to registrar of companies within 15 days).

(4) The documents referred to in subsection (1)(b) are—

(a) a printed copy of the memorandum as altered in pursuance of the resolution, and

(b) a statutory declaration in the prescribed form by a director or secretary of the company that the resolution has been passed and that the conditions specified in section 3 of this Act were satisfied at the time of the resolution.

(5) The registrar may accept a declaration under subsection (4)(b) as sufficient evidence that the resolution has been passed and the necessary conditions were satisfied.

(6) Section 47(1) and (3) to (5) of the principal Act apply on an application for re-registration under this section as they apply on an application under section 43 of that Act.