Modifications etc. (not altering text)
C1Pts. 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))
C2Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
(1)In the Companies Acts a “written resolution” means a resolution of a private company proposed and passed in accordance with this Chapter.
(2)The following may not be passed as a written resolution—
(a)a resolution under section 168 removing a director before the expiration of his period of office;
(b)a resolution under section 510 removing an auditor before the expiration of his term of office.
(3)A resolution may be proposed as a written resolution—
(a)by the directors of a private company (see section 291), or
(b)by the members of a private company (see sections 292 to 295).
(4)References in enactments passed or made before this Chapter comes into force to—
(a)a resolution of a company in general meeting, or
(b)a resolution of a meeting of a class of members of the company,
have effect as if they included references to a written resolution of the members, or of a class of members, of a private company (as appropriate).
(5)A written resolution of a private company has effect as if passed (as the case may be)—
(a)by the company in general meeting, or
(b)by a meeting of a class of members of the company,
and references in enactments passed or made before this section comes into force to a meeting at which a resolution is passed or to members voting in favour of a resolution shall be construed accordingly.
Commencement Information
I1S. 288 wholly in force at 1.10.2007; s. 288 not in force at Royal Assent see s. 1300; s. 288 in force at 1.10.2007 by S.I. 2007/2194, art. 2(1)(f) (with saving in art. 12 and subject to transitional adaptations specified in Sch. 1 and with transitional provisions and savings in Sch. 3)