Companies Act 2006

22 Entrenched provisions of the articles U.K.

(1) A company's articles may contain provision (“provision for entrenchment”) to the effect that specified provisions of the articles may be amended or repealed only if conditions are met, or procedures are complied with, that are more restrictive than those applicable in the case of a special resolution.

(2) Provision for entrenchment may only be made—

(a) in the company's articles on formation, or

(b) by an amendment of the company's articles agreed to by all the members of the company.

(3) Provision for entrenchment does not prevent amendment of the company's articles—

(a) by agreement of all the members of the company, or

(b) by order of a court or other authority having power to alter the company's articles.

(4) Nothing in this section affects any power of a court or other authority to alter a company's articles.

Modifications etc. (not altering text)

C1 S. 22 excluded (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 85(2)(b), 164(3)(g)(ii)

C2 S. 22(3)(a) excluded (1.9.2020) by The Scottish National Investment Bank Act 2020 (Consequential Provision) Order 2020 (S.I. 2020/483), arts. 2, 3(1)

Commencement Information

I1 S. 22 partly in force; s. 22 not in force at Royal Assent see s. 1300; s. 22 in force for specified purposes at 1.10.2009 by S.I. 2008/2860, art. 3(c) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18 and S.I. 2009/2476, regs. 1(2)(3), 2(2))