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

36Documents to be incorporated in or accompany copies of articles issued by company

1

Every copy of a company's articles issued by the company must be accompanied by—

a

a copy of any resolution or agreement relating to the company to which Chapter 3 applies (resolutions and agreements affecting a company's constitution),

b

where the company has been required to give notice to the registrar under section 34(2) (notice where company's constitution altered by enactment), a statement that the enactment in question alters the effect of the company's constitution,

c

where the company's constitution is altered by a special enactment (see section 34(4)), a copy of the enactment, and

d

a copy of any order required to be sent to the registrar under section 35(2)(a) (order of court or other authority altering company's constitution).

2

This does not require the articles to be accompanied by a copy of a document or by a statement if—

a

the effect of the resolution, agreement, enactment or order (as the case may be) on the company's constitution has been incorporated into the articles by amendment, or

b

the resolution, agreement, enactment or order (as the case may be) is not for the time being in force.

3

If the company fails to comply 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 for each occasion on which copies are issued, or, as the case may be, requested.

5

For the purposes of this section, a liquidator of the company is treated as an officer of it.