Companies Act 2014 section 1298

Particular requirements for re-registration of company as a DAC limited by shares

Section 1298 sets out the additional requirements that must be met when a company wishes to re-register as a Designated Activity Company (DAC) limited by shares.

• A company may re-register as a DAC limited by shares provided it meets both the general Chapter 2 re-registration requirements and the specific conditions in this section.
• Where the company is a PLC, re-registration cannot proceed until the 28-day period for challenging the special resolution has passed without challenge, or any challenge has been withdrawn or resolved by court order, with a certified copy of that order delivered to the Registrar.
• Where the company is an unlimited company, the special resolution must include a statement that members' liability will be limited by shares and must specify the authorised share capital and the fixed amount of each share.
• In all cases, a certified copy of any court order confirming the resolution (including where conditions were imposed and subsequently satisfied) must be filed with the Registrar before re-registration can take effect.