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The Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008

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Provisions of memorandum treated as provisions of articles (s. 28)

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9.—(1) A company whose articles are deemed by virtue of section 28 of the Companies Act 2006 to contain provisions formerly in its memorandum may comply with any obligation to send a person a copy of its articles—

(a)by appending to a copy of the other provisions of the articles a copy of the provisions of its old-style memorandum that are deemed to be provisions of the articles, or

(b)by sending together with a copy of the other provisions of the articles a copy of its old-style memorandum indicating the provisions that are deemed to be provisions of the articles.

(2) References in sub-paragraph (1) to a company’s “old-style memorandum” are—

(a)in the case of an existing company, to its memorandum of association as it stood immediately before 1st October 2009;

(b)in the case of a transitional company, to its memorandum of association as it stood on its registration or re-registration (as the case may be) apart from the operation of section 28.

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