The Unregistered Companies Regulations 2009, Section 5 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
5.—(1) In the application of any provision of the Companies Acts by virtue of these Regulations—
(a)any reference to a public company shall be read, in relation to an unregistered company, as referring to a company that has power under its constitution to offer its shares or debentures to the public;
(b)any reference to a private company shall be read, in relation to an unregistered company, as referring to a company that does not have power to offer its shares or debentures to the public;
(c)any reference to the company's constitution, or to its articles of association, shall be read, in relation to an unregistered company, as referring to any instrument constituting or regulating the company;
(d)any reference to the common seal of the company shall be read, in relation to an unregistered company, as referring to the common or authorised seal of the company.
(2) In the application of any provision of the Companies Acts to an unregistered company by virtue of these Regulations an expression defined, or otherwise having a particular meaning or effect, in relation to a company within the meaning of section 1 of the Companies Act 2006, has effect with any adaptations necessary to ensure a corresponding meaning or effect in relation to an unregistered company.
(3) Paragraphs (1) and (2) are subject to any specific adaptation or modification provided for in these Regulations.
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