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Companies Act 2006 – Commencement timetable

The Government has decided on the following commencement timetable

With effect from 1 October 2007:

Part 8 (Inspection of register of members), sections 116 - 119.
Part 9 (Exercise of members’ rights);

Part 10 (A company’s directors), other than provisions relating to directors’ conflict of interest duties (sections 175 - 177, 182 - 187), directors’ residential addresses and underage and natural directors;
Part 11 (Derivative claims and proceedings by members);
Part 13 (Resolutions and meetings), and, related to this, sections 485-488 of Part 16 (Audit);
Part 14 (Control of political donations and expenditure);
Section 417 of Part 15 (Contents of directors’ report: business review);
Part 29 (Fraudulent trading);
Part 30 (Protection of members against unfair prejudice);
Part 32 (Company investigations: amendments).

The commencement provisions in respect of Part 9 will be drafted so as to enable nominee investment operators to send indirect investors’ requests to companies from 1 October to entitle indirect investors to enjoy information rights from 31 December 2007.

With effect from 6 April 2008:

Part 3 (A company's capacity and related matters), section 44 only;
Part 8 (A company's members) sections 121 and 128 only;
Part 12 (Company secretaries) other than sections 275-279;
Part 15 (Accounts and reports), other than section 417;
Part 16 (Audit), other than sections 485-488;
Part 19 (Debentures);
Part 20 (Private and public companies);
Part 21 (Certification and transfer of securities);
Part 23 (Distributions);
Part 26 (Arrangements and reconstructions);
Part 27 (Mergers and divisions of public companies);
Part 42 (Statutory auditors).

With effect from 1 October 2008:

Part 10 (A company's directors) provisions relating to directors' conflict of interest duties (sectinos 175-177, 182-187)

With effect from 1 October 2009:

Part 1 (General introductory provisions);
Part 2 (Company formation);
Part 3 (A company’s constitution) other than sections 29-30;
Part 4 (A company’s capacity and related matters) other than section 44;
Part 5 (A company’s name);
Part 6 (A company’s registered office);
Part 7 (Re-registration as a means of altering a company’s status);
Part 8 (A company’s members) other than sections 116-119 and 121;
Part 10 (A company’s directors) directors’ residential addresses and underage and natural directors
Part 17 (A company’s share capital);
Part 18 (Acquisition by limited company of its own shares);
Part 24 (A company’s annual return);
Part 25 (Company charges);
Part 31 (Dissolution and restoration to the register);
Part 33 (UK companies not formed under the Companies Acts);
Part 34 (Overseas companies);
Part 35 (The registrar of companies);
Part 41 (Business names).

Section 358 of the Companies Act 1985, which provides a power for companies to close the register of members, will be repealed with effect from 1 October 2009.

Part 36 (Offences under the Companies Acts), Part 37 (Companies: supplementary provisions), Part 38 (Companies: interpretation), Part 45 (Northern Ireland) and Schedule 16 (Repeals) will come in with the relevant provisions.
   
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28 March 2008
From 6 April 2008 private companies no longer need to appoint a company secretary
Read more

20 March 2008
SIs for April 2008 implementation issued.
Read more

17 December 2007
Fifth Commencement Order published.
Read more

13 December 2007
Final commencement timetable announced.
Read more

6 December 2007
Abolition of casting vote – more changes to come? Read more

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