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Companies (Audit, Investigations and Community Enterprise) Act 2004
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- s. 38(6) text amended by S.I. 2007/1093 Sch. 4 para. 8
- s. 38(8) text amended by S.I. 2007/1093 Sch. 4 para. 8
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 15-15E substituted for s. 15 by S.I. 2008/948 Sch. 1 para. 232(2)
- s. 15D(4)(aa) inserted by S.I. 2012/1439 art. 6(1)
- s. 36-36B substituted for s. 36 by S.I. 2009/1941 Sch. 1 para. 226
- s. 37-37C substituted for s. 37 by S.I. 2009/1941 Sch. 1 para. 227(1)
- s. 38 38A substituted for s. 38 by S.I. 2009/1941 Sch. 1 para. 227(2)
- s. 40A inserted by S.I. 2007/1093 Sch. 4 para. 11
- s. 40A heading substituted by S.I. 2009/1941 Sch. 1 para. 230(2)
- s. 40A(2) words substituted by S.I. 2009/1941 Sch. 1 para. 230(3)(a)
- s. 40A(2) words substituted by S.I. 2009/1941 Sch. 1 para. 230(3)(b)
- s. 54-54C substituted for s. 54 by S.I. 2009/1941 Sch. 1 para. 237(1)(1)
- s. 54C(2)(c) words substituted by 2010 c. 4 Sch. 1 para. 439(2)
- s. 54C(3) words substituted by 2011 c. 25 Sch. 7 para. 98
- s. 54C(3A) inserted by 2010 c. 4 Sch. 1 para. 439(3)
- s. 55 55A substituted for s. 55 by S.I. 2009/1941 Sch. 1 para. 237(2)
Commencement Orders yet to be applied to the Companies (Audit, Investigations and Community Enterprise) Act 2004:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/3322 art. 2(2)(3) Sch. 2 3 commences (1989 c. 40 and 2004 c. 27)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/309 art. 2 Sch. commences (2006 c. 50)
- S.I. 2007/1093 art. 2 5 Sch. 2 commences (2006 c. 46)
- S.I. 2007/2194 art. 2(3)(k) art. 3(2)(c) commences (2006 c. 46)
- S.I. 2007/3495 art. 3(5) art. 5 art. 8(b) Sch. 3 art. 8(a) Sch. 2 commences (2006 c. 46)
- S.I. 2008/1886 art. 2(d) commences (2006 c. 46)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2009/1802 art. 18 Sch. amendment to earlier commencing SI 2008/2860 Sch. 2 para. 105
Prospective
38Existing companies: decisions etc.E+W+S
This section has no associated Explanatory Notes
(1)On receiving under section 37 the copies of the special resolutions, the memorandum and articles as altered by the special resolutions and the prescribed conversion documents, the registrar of companies must (instead of recording the special resolutions and entering a new name on the register)—
(a)forward a copy of each of the documents to the Regulator, and
(b)retain the documents pending the Regulator’s decision.
(2)The alterations of the memorandum and articles made by the special resolutions are to take effect only as provided by this section.
(3)The Regulator must decide whether the company is eligible to become a community interest company.
(4)A company is eligible to become a community interest company if—
(a)the memorandum and articles as altered by the special resolutions comply with the requirements imposed by and by virtue of section 32 and the company’s name as so altered complies with section 33, and
(b)the Regulator, having regard to the special resolutions, the memorandum and articles as altered, the prescribed conversion documents and any other relevant considerations, considers that the company will satisfy the community interest test and is not an excluded company.
(5)The Regulator must give notice of the decision to the registrar of companies (but the registrar is not required to record it).
(6)If the Regulator gives notice of a decision that the company is eligible to become a community interest company, section 28(6) of the Companies Act 1985 (registration of new name) applies; and if the registrar of companies enters the new name of the company on the register the registrar must also retain and record the special resolutions and the prescribed conversion documents.
(7)On the special resolutions being recorded, the alterations to the company’s articles and memorandum made by the special resolutions take effect.
(8)The certificate of incorporation under section 28(6) of the Companies Act 1985 (c. 6) is to contain a statement that the company is a community interest company.
(9)The fact that the certificate of incorporation contains such a statement is conclusive evidence that the company is a community interest company.
(10)If the Regulator decides that the company is not eligible to become a community interest company, the company may appeal to the Appeal Officer against the decision.
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