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,

F1ba

the aggregate amount (if any) unpaid on those shares (whether on account of their nominal value or by way of premium), and

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, F2...

iii

the aggregate nominal value of shares of that class, and

F2d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.