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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
C3Pt. 27 applied (6.4.2008) by S.I. 2001/1228, Sch. 6 paras. 5, 6 (as amended by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 223(4) (with arts. 6, 11, 12))
C4Pt. 27 applied (6.4.2008) by 2000 c. 8, s. 105(5) (as substituted by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 211(1) (with arts. 6, 11, 12))
(1)If all members holding shares in, and all persons holding other securities of, the companies involved in the division, being shares or securities that carry a right to vote in general meetings of the company in question, so agree, the following requirements do not apply.
(2)The requirements that may be dispensed with under this section are—
(a)the requirements of—
(i)section 923 (directors' explanatory report),
(ii)section 924 (expert's report),
(iii)section 925 (supplementary accounting statement), and
(iv)section 927 (report on material changes in assets of transferor company); and
(b)the requirements of section 926 (inspection of documents) so far as relating to any document required to be drawn up under the provisions mentioned in paragraph (a)(i), (ii) or (iii) above.
(3)For the purposes of this section—
(a)the members, or holders of other securities, of a company, and
(b)whether shares or other securities carry a right to vote in general meetings of the company,
are determined as at the date of [F1the relevant application].
[F2(4)In subsection (3) “the relevant application” means—
(a)in the case of a compromise or arrangement to be sanctioned under Part 26, the application to the court under section 896;
(b)in the case of a compromise or arrangement to be sanctioned under Part 26A, the application to the court under section 901C(1).]
Textual Amendments
F1Words in s. 933(3) substituted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 36(15)(a) (with ss. 2(2), 5(2))
F2S. 933(4) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 36(15)(b) (with ss. 2(2), 5(2))