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Commonhold and Leasehold Reform Act 2002

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Part 1 E+W[F1Articles of Association]

IntroductionE+W

[F21In this Schedule “articles” means the articles of association of a commonhold association.]

Form and contentE+W

2(1)Regulations shall make provision about the form and content of [F3the articles].

(2)A commonhold association may adopt provisions of the regulations for its [F4articles].

(3)The regulations may include provision which is to have effect for a commonhold association whether or not it is adopted under sub-paragraph (2).

(4)A provision of the [F4articles] shall have no effect to the extent that it is inconsistent with the regulations.

(5)Regulations under this paragraph shall have effect in relation to [F5articles]

(a)irrespective of the date of the [F6articles], but

(b)subject to any transitional provision of the regulations.

[F7(6)Section 20 of the Companies Act 2006 (default application of model articles) does not apply to a commonhold association.]

AlterationE+W

3(1)[F8Where a commonhold association alters its [F9articles] at a time when the land [F10specified in its articles] is commonhold land, the alteration] shall have no effect until the altered version is registered in accordance with this paragraph.

(2)If the commonhold association makes an application under this sub-paragraph the Registrar shall arrange for [F11altered articles] to be kept in his custody, and referred to in the register, in place of the unaltered version.

(3)An application under sub-paragraph (2) must be accompanied by a certificate given by the directors of the commonhold association that the altered [F12articles] comply with regulations under paragraph 2(1).

(4)Where the Registrar amends the register on an application under sub-paragraph (2) he shall make any consequential amendments to the register which he thinks appropriate.

Disapplication of Companies Act 1985E+W

4F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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