Modifications etc. (not altering text)
C1Pt. 2 Ch. 1: power to amend conferred (20.1.2007 for specified purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1181(1)(b), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 5, 6, 8, Schs. 1, 5); S.I. 2008/2860, art. 3(v) (with arts. 5, 7, 8, Sch. 2)
(1)The persons who are entitled to be members of a company which is a RTM company in relation to premises are—
(a)qualifying tenants of flats contained in the premises, and
(b)from the date on which it acquires the right to manage (referred to in this Chapter as the “acquisition date”), landlords under leases of the whole or any part of the premises.
(2)The appropriate national authority shall make regulations about the content and form of the [F1articles of association] of RTM companies.
(3)A RTM company may adopt provisions of the regulations for its [F2articles].
(4)The regulations may include provision which is to have effect for a RTM company whether or not it is adopted by the company.
(5)A provision of the [F2articles] of a RTM company has no effect to the extent that it is inconsistent with the regulations.
(6)The regulations have effect in relation to [F3articles]—
(a)irrespective of the date of the [F4articles], but
(b)subject to any transitional provisions of the regulations.
[F5(7)Section 20 of the Companies Act 2006 (default application of model articles) does not apply to a RTM company.]
Textual Amendments
F1Words in s. 74(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Sch. 1 para. 194(16)(a) (with art. 10)
F2Words in s. 74(3)(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Sch. 1 para. 194(16)(b) (with art. 10)
F3Words in s. 74(6) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Sch. 1 para. 194(16)(c)(i) (with art. 10)
F4Words in s. 74(6)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Sch. 1 para. 194(16)(c)(ii) (with art. 10)
F5S. 74(7) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Sch. 1 para. 194(16)(d) (with art. 10)
Commencement Information
I1S. 74 wholly in force at 30.3.2004; s. 74 not in force at Royal Assent see s. 181(1); s. 74 in force for specified purposes at 26.7.2002 for E. by S.I. 2002/1912, art. 2(c); s. 74 in force for specified purposes at 1.1.2003 for W. by S.I. 2002/3012, art. 2(c); s. 74 in force so far as not already in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(b); s. 74 in force so far as not already in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(b)