Explanatory Notes

Companies (Audit, Investigations and Community Enterprise) Act 2004

2004 CHAPTER 27

28 October 2004

Commentary on Sections

Part 2: Community Interest Companies

Summary and background

Becoming a community interest company

Section 38 - Existing companies: decisions etc

234.This section sets out the process through which the Regulator will determine whether an existing company seeking to become a CIC is eligible to do so.  Once the Regulator has made his decision, he must give notice to the registrar of companies.  Any alterations to the company’s memorandum and articles, as made by the special resolutions submitted with the application to become a CIC, will only be recorded and take effect once the Regulator has decided that the company is eligible to become a CIC and the registrar of companies has recorded its new name.