No versions valid at: 08/11/2006
Point in time view as at 08/11/2006. This version of this provision is not valid for this point in time.
Companies Act 2006, Section 1040 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Valid from 01/10/2009
(1)This section applies to—
(a)any company that was in existence on 2nd November 1862 (including any company registered under the Joint Stock Companies Acts), and
(b)any company formed after that date (whether before or after the commencement of this Act)—
(i)in pursuance of an Act of Parliament other than this Act or any of the former Companies Acts,
(ii)in pursuance of letters patent, or
(iii)that is otherwise duly constituted according to law.
(2)Any such company may on making application register under this Act.
(3)Subject to the following provisions, it may register as an unlimited company, as a company limited by shares or as a company limited by guarantee.
(4)A company having the liability of its members limited by Act of Parliament or letters patent—
(a)may not register under this section unless it is a joint stock company, and
(b)may not register under this section as an unlimited company or a company limited by guarantee.
(5)A company that is not a joint stock company may not register under this section as a company limited by shares.
(6)The registration of a company under this section is not invalid by reason that it has taken place with a view to the company's being wound up.
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