C2C1Part 20Private and public companies

Annotations:
Modifications etc. (not altering text)
C2

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

Chapter 1Prohibition of public offers by private companies

757Enforcement of prohibition: order restraining proposed contravention

1

If it appears to the court—

a

on an application under this section, or

b

in proceedings under Part 30 (protection of members against unfair prejudice),

that a company is proposing to act in contravention of section 755 (prohibition of public offers by private companies), the court shall make an order under this section.

2

An order under this section is an order restraining the company from contravening that section.

3

An application for an order under this section may be made by—

a

a member or creditor of the company, or

b

the Secretary of State.