C2Part 30Protection of members against unfair prejudice

Annotations:
Modifications etc. (not altering text)

Supplementary provisions

I1C1997Application of general rule-making powers

The power to make rules under section 411 of the Insolvency Act 1986 (c. 45) or Article 359 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), so far as relating to a winding-up petition, applies for the purposes of a petition under this Part.

I2998Copy of order affecting company's constitution to be delivered to registrar

1

Where an order of the court under this Part—

a

alters the company's constitution, or

b

gives leave for the company to make any, or any specified, alterations to its constitution,

the company must deliver a copy of the order to the registrar.

2

It must do so within 14 days from the making of the order or such longer period as the court may allow.

3

If a company makes default in complying with this section, an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

4

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.

I3999Supplementary provisions where company's constitution altered

1

This section applies where an order under this Part alters a company's constitution.

2

If the order amends—

a

a company's articles, or

b

any resolution or agreement to which Chapter 3 of Part 3 applies (resolution or agreement affecting a company's constitution),

the copy of the order delivered to the registrar by the company under section 998 must be accompanied by a copy of the company's articles, or the resolution or agreement in question, as amended.

3

Every copy of a company's articles issued by the company after the order is made must be accompanied by a copy of the order, unless the effect of the order has been incorporated into the articles by amendment.

4

If a company makes default in complying with this section an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

5

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.