Companies (Amendment) Act, 1983
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Re-registration of unlimited company as public limited company. |
11.—(1) An unlimited company may be re-registered as a public limited company and for the purposes of such re-registration sections 9 and 53 (6) and (7) shall have effect subject to the modifications contained in this section. | |
(2) The special resolution required by section 9 (1) must, in addition to the matters mentioned in section 9 (2)— | ||
(a) state that the liability of the members is to be limited by shares and what the share capital of the company is to be; and | ||
(b) make such alterations in the company's memorandum as are necessary to bring it in substance and in form into conformity with the requirements of the Companies Acts with respect to the memorandum of a company limited by shares. | ||
(3) The certificate of incorporation issued under section 9 (6) shall, in addition to containing the statement required by paragraph (b) of that subsection, state that the company has been incorporated as a company limited by shares and— | ||
(a) the company shall by virtue of the issue of that certificate become a public limited company so limited; and | ||
(b) the certificate shall be conclusive evidence of the fact that it is such a public limited company. | ||
(4) Section 53 (6) and (7) shall have effect as if any reference to the re-registration of a company in pursuance of that section included a reference to the re-registration of an unlimited company as a public limited company in accordance with subsection (1), but except as aforesaid the said section 53 shall not apply in relation to the re-registration of an unlimited company as a public limited company. |