Thursday 5 March 2009

UK: the Companies (Shares and Share Capital) Order 2009

The Companies (Shares and Share Capital) Order 2009 was laid before Parliament on 27 February and comes into force on 1 October 2009. A copy is available on OPSI in html and pdf. An explanatory memorandum is available here (pdf) and to quote directly from it:

Where an unlimited company allots a new class of shares, section 556 of the [Companies Act 2006] requires it to deliver to the registrar of companies a return of the allotment containing prescribed particulars of the rights attached to the shares. This Order prescribes the particulars. The Order [also] prescribes the information that must be included in a return of an allotment delivered to the registrar of companies under section 555 of the Act (return of an allotment of shares by a limited company).

Provisions dealing with the authorised minimum capital requirement for public companies in the context of provisions of the 2006 Act which are coming into force on 1 October 2009 have ... not been included in the [Order] ...  as originally proposed. The Department will be making separate Regulations at a later date to deal with those matters, to come into force on 1 October 2009".

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