Companies Act 2006

106Application and accompanying documentsU.K.

This section has no associated Explanatory Notes

(1)An application for re-registration as a limited company must contain a statement of the company's proposed name on re-registration.

(2)The application must be accompanied by—

(a)a copy of the resolution that the company should re-register as a private limited company (unless a copy has already been forwarded to the registrar under Chapter 3 of Part 3);

(b)if the company is to be limited by guarantee, a statement of guarantee;

(c)a copy of the company's articles as proposed to be amended.

(3)The statement of guarantee required to be delivered in the case of a company that is to be limited by guarantee must state that each member undertakes that, if the company is wound up while he is a member, or within one year after he ceases to be a member, he will contribute to the assets of the company such amount as may be required for—

(a)payment of the debts and liabilities of the company contracted before he ceases to be a member,

(b)payment of the costs, charges and expenses of winding up, and

(c)adjustment of the rights of the contributories among themselves,

not exceeding a specified amount.

(4)The statement of compliance required to be delivered together with the application is a statement that the requirements of this Part as to re-registration as a limited company have been complied with.

(5)The registrar may accept the statement of compliance as sufficient evidence that the company is entitled to be re-registered as a limited company.