Part 7

Re-registration as a means of altering a company's status

Private limited company becoming unlimited

Application and accompanying documents
103
1
An application for re-registration as an unlimited company must contain a statement of the company's proposed name on re-registration.
2
The application must be accompanied by—
a
the prescribed form of assent to the company's being registered as an unlimited company, authenticated by or on behalf of all the members of the company;
b
a copy of the company's articles as proposed to be amended.
3
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 an unlimited company have been complied with.
4
The statement must contain a statement by the directors of the company—
a
that the persons by whom or on whose behalf the form of assent is authenticated constitute the whole membership of the company, and
b
if any of the members have not authenticated that form themselves, that the directors have taken all reasonable steps to satisfy themselves that each person who authenticated it on behalf of a member was lawfully empowered to do so.
5
The registrar may accept the statement of compliance as sufficient evidence that the company is entitled to be re-registered as an unlimited company.
S. 103 wholly in force at 1.10.2009; s. 103 not in force at Royal Assent, see s. 1300; s. 103 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 103 otherwise in force at 1.10.2009 by S.I. 2008/2860, art. 3(g) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))