C2C1Part 20Private and public companies
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
Chapter 1Prohibition of public offers by private companies
758Enforcement of prohibition: orders available to the court after contravention
1
This section applies 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 has acted in contravention of section 755 (prohibition of public offers by private companies).
2
The court must make an order requiring the company to re-register as a public company unless it appears to the court—
a
that the company does not meet the requirements for re-registration as a public company, and
b
that it is impractical or undesirable to require it to take steps to do so.
3
If it does not make an order for re-registration, the court may make either or both of the following—
a
a remedial order (see section 759), or
b
an order for the compulsory winding up of the company.
4
An application under this section may be made by—
a
a member of the company who—
i
was a member at the time the offer was made (or, if the offer was made over a period, at any time during that period), or
ii
became a member as a result of the offer,
b
a creditor of the company who was a creditor at the time the offer was made (or, if the offer was made over a period, at any time during that period), or
c
the Secretary of State.
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))