Companies Act 2006
Check Up

Although it was originally intended that every part of the Act would be in force by October 2008, the final parts are not now due to come into force until 1 October 2009 and the Department for Business, Enterprise and Regulatory Reform (BERR) has published a draft of the eighth Commencement Order that will bring the provisions into effect on that date.

The Commencement Order answers a question that has been raised in connection with the changes to the memorandum of association introduced by the 2006 Act, as to whether a company would have to file updated articles. From 1 October 2009 the memorandum of association will essentially be a "snapshot" of part of the company's constitution at the point of registration and will no longer contain an objects clause. The objects of existing companies will be treated as provisions of their articles of association but a company will not need to file updated articles of association to include the objects clause until it actually amends the articles of association.

Are your existing provisions still legal?

As the articles of existing companies will remain the same from 1 October 2009, despite the introduction of new model articles on this date, every company should consider conducting a full review of its constitution to ensure that it is complying with the requirements of the Act and taking advantage of the deregulatory measures introduced by it.

For a one-off payment of £130 plus VAT, Birkett Long LLP can offer a review of your current memorandum and articles of association to highlight any provisions that are now illegal under the 2006 Act, or any provisions that prevent you from making the most of the 2006 Act, and explain the process required to update them.

Contact Us

To take advantage of this offer, please call our Commercial & Corporate Finance team on 01245 453822 or email us at companiesact@birkettlong.co.uk

Comments on our Companies Act 2006 seminar series:

"I found the event very successful, and well summarised, many thanks."

"Excellent seminar as usual from Birkett Long."

"Very useful not only for own work but also to be knowledgeable when talking to clients."

"Very helpful and useful – makes a complicated Act more simple! Thanks."

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