Transitional provisions

Change of name by existing or transitional company5

1

This article applies where, in the case of an existing or transitional company—

a

the company's articles are deemed to contain a statement of its name by virtue of section 28 of the Companies Act 2006 (provisions of memorandum treated as provisions of articles), and

b

the company changes its name (by any means) on or after 1st October 2009.

2

The company is not required to amend its articles in order to effect the change of name.

3

The deemed statement in the company's articles ceases to have effect when the change of name takes effect.

4

The company is not required to send a copy of its articles to the registrar in accordance with section 26 of the Companies Act 2006.

5

Where the company, in complying with any obligation to send a person a copy of its articles, relies on paragraph 9(1)(a) or (b) of Schedule 2 to the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008, it must—

a

if it relies on paragraph 9(1)(a) (provisions of old-style memorandum appended to other provisions of articles), omit the provision stating the company's former name;

b

if it relies on paragraph 9(1)(b) (copy of old-style memorandum with indication of provisions deemed to be provisions of the articles), indicate that the provision stating the company's former name is no longer effective.

6

In this article—

  • existing company” and “transitional company” have the same meaning as in the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008 (see article 2 of that Order); and

  • old-style memorandum” has the same meaning as in paragraph 9(1) of Schedule 2 to that Order (see sub-paragraph (2) of that paragraph).