Companies Act 2014 section 1316

Requirements for registration under this Chapter as company

Section 1316 sets out the requirements that a body corporate must satisfy in order to register as a company under this Chapter, including the member approval process, advance notice obligations, and the documents that must accompany an application to the Registrar.

  • A body corporate may only register as a particular type of company if a majority of its voting members approve a "registration resolution" at a general meeting called for that purpose.
  • At least 21 days before the resolution is put to the meeting, every member entitled to notice must receive a statement setting out the proposed company type, name, reasons for registration, implications for members, and where the proposed constitutional documents can be inspected free of charge.
  • Once the registration resolution is passed, the body corporate must apply to the Registrar in the prescribed form within 30 days of the meeting at which approval was given.
  • The application must be accompanied by certified copies of the statement and resolution, a current membership list with shareholding details, particulars of the body's share capital, and the memorandum and articles of association of the proposed company.

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