C3C2Part 30Protection of members against unfair prejudice
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
Supplementary provisions
I1C1997Application of general rule-making powers
The power to make rules under section 411 of the Insolvency Act 1986 (c. 45) or Article 359 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), so far as relating to a winding-up petition, applies for the purposes of a petition under this Part.
I2998Copy of order affecting company's constitution to be delivered to registrar
1
Where an order of the court under this Part—
a
alters the company's constitution, or
b
gives leave for the company to make any, or any specified, alterations to its constitution,
the company must deliver a copy of the order to the registrar.
2
It must do so within 14 days from the making of the order or such longer period as the court may allow.
3
If a company makes default in complying with this section, an offence is committed by—
a
the company, and
b
every officer of the company who is in default.
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.
I3999Supplementary provisions where company's constitution altered
1
This section applies where an order under this Part alters a company's constitution.
2
If the order amends—
a
a company's articles, or
b
any resolution or agreement to which Chapter 3 of Part 3 applies (resolution or agreement affecting a company's constitution),
the copy of the order delivered to the registrar by the company under section 998 must be accompanied by a copy of the company's articles, or the resolution or agreement in question, as amended.
3
Every copy of a company's articles issued by the company after the order is made must be accompanied by a copy of the order, unless the effect of the order has been incorporated into the articles by amendment.
4
If a company makes default in complying with this section an offence is committed by—
a
the company, and
b
every officer of the company who is in default.
5
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))