PART 2REGISTRATION REQUIREMENTS

Registration as a public company

Registration as a public company9

1

A joint stock company may be registered as a public company limited by shares if—

a

the following conditions are met, and

b

the application for registration is accompanied by the documents specified in paragraph (4) below.

2

The conditions are—

a

that the requirements of section 91 of the Companies Act 2006 are met as regards its share capital;

b

the requirements of section 92 of that Act are met as regards its net assets; and

c

if section 93 of that Act applies (recent allotment of shares for non-cash consideration), that the requirements of that section are met.

3

Sections 91 to 93 apply for this purpose as in the case of a private company applying to be re-registered under section 90 of the Companies Act 2006 (re-registration of private company as public), but as if any reference to the special resolution required by section 90 were to the joint stock company's resolution that it be a public company.

4

The following documents must be delivered to the registrar together with the application for registration (as well as those required by regulation 4)—

a

a copy of the resolution that the company be a public company;

b

a copy of the balance sheet and other documents referred to in section 92(1); and

c

if section 93 applies (recent allotment of shares for non-cash consideration), a copy of the valuation report (if any) under subsection (2)(a) of that section.

5

The statement of compliance required to be delivered with the application is a statement that the requirements of this Part as to registration as a public company have been complied with.

6

The registrar may accept the statement of compliance as sufficient evidence that the company is entitled to be registered as a public company.