Companies Act 2014

9

Act structured to facilitate its use in relation to most common type of company

9. (1) Subject to subsections (3) and (4), all of the law in this Act in relation to private companies limited by shares is to be found in Parts 1 to 14 (or instruments under them) and Schedules 1 to 6.

(2) Subject to subsection (3), all of the law in this Act in relation to other types of company is to be found amongst the provisions of—

F12[(a) Parts 16 to 26 (or instruments under them) and Schedules 7 to 18; and]

(b) Parts 1 to 14 (or instruments under them) and Schedules 1 to 6 as applied or adapted by Parts 16 to 25.

(3) Part 15 (Functions of Registrar and of regulatory and advisory bodies) applies to both—

(a) private companies limited by shares; and

(b) other types of company,

as well as to certain undertakings to which F13[the European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019] apply.

(4) Exceptionally, provisions either—

(a) of a miscellaneous nature arising out of the relationship between a private company limited by shares and another company type (such as provisions for re-registration); or

(b) which it would not otherwise be practicable to include in Parts 1 to 14 (such as provisions for a merger between a public limited company and a private company limited by shares), will be found in F12[Parts 16 to 26].

(5) References in Chapter 6 of Part 2, however expressed, to this Part and Parts 2 to 15 having application to a private company limited by shares shall not be read as excluding the application to such a company of provisions of the kind mentioned in subsection (4).

Annotations

Amendments:

F12

Substituted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 5(a) and (b), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

F13

Substituted (1.01.2020) by European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019 (S.I. No. 597 of 2019), reg. 4(a), in effect as per reg. 1(2), (3).