C1Part 3A company's constitution

Annotations:
Modifications etc. (not altering text)

Chapter 4Miscellaneous and supplementary provisions

Other provisions with respect to a company's constitution

I132Constitutional documents to be provided to members

1

A company must, on request by any member, send to him the following documents—

a

an up-to-date copy of the company's articles;

b

a copy of any resolution or agreement relating to the company to which Chapter 3 applies (resolutions and agreements affecting a company's constitution) and that is for the time being in force;

c

a copy of any document required to be sent to the registrar under—

i

section 34(2) (notice where company's constitution altered by enactment), or

ii

section 35(2)(a) (notice where order of court or other authority alters company's constitution);

d

a copy of any court order under section 899 (order sanctioning compromise or arrangement) or section 900 (order facilitating reconstruction or amalgamation);

e

a copy of any court order under section 996 (protection of members against unfair prejudice: powers of the court) that alters the company's constitution;

f

a copy of the company's current certificate of incorporation, and of any past certificates of incorporation;

g

in the case of a company with a share capital, a current statement of capital;

h

in the case of a company limited by guarantee, a copy of the statement of guarantee.

2

The statement of capital required by subsection (1)(g) is a statement of—

a

the total number of shares of the company,

b

the aggregate nominal value of those shares,

c

for each class of shares—

i

prescribed particulars of the rights attached to the shares,

ii

the total number of shares of that class, and

iii

the aggregate nominal value of shares of that class, and

d

the amount paid up and the amount (if any) unpaid on each share (whether on account of the nominal value of the share or by way of premium).

3

If a company makes default in complying with this section, an offence is committed by 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.