SCHEDULES

SCHEDULE 1Minor and consequential amendments

The 2008 Act

19

1

Amend section 96 (alteration of objects clause) as follows.

2

In the heading omit “clause”.

3

In subsection (3)—

a

for paragraph (a) substitute—

a

an amendment of the company's articles of association adding, removing or altering a statement of the company's objects,

b

in paragraphs (b) and (c) for “memorandum or articles of association” substitute “ articles of association ”.

4

For subsections (5) and (6) substitute—

5

Where a company that has made a regulated alteration in accordance with subsection (2) is required—

a

by section 26 of the Companies Act to send to the registrar of companies a copy of its articles as amended,

b

by section 30 of that Act to forward to the registrar a copy of the special resolution effecting the alteration, or

c

by section 31 of that Act to give notice to the registrar of the amendment,

the copy or notice must be accompanied by a copy of the Commission's consent.

5A

If more than one of those provisions applies and they are complied with at different times, the company need not send a further copy of the Commission's consent if a copy was sent on an earlier occasion.

6

Section 30(2) to (4) of that Act (offence of failing to comply with section 30) apply in relation to a failure to comply with subsection (5) as in relation to a failure to comply with that section.