Section 110 | Application and accompanying documents

(1)An application for re-registration of a public company as an unlimited private company must contain a statement of the company's proposed name on re-registration.

(2)The application must be accompanied by—

(a)the prescribed form of assent to the company's being registered as an unlimited company, authenticated by or on behalf of all the members of the company, and

(b)a copy of the company's articles as proposed to be amended.

(3)The statement of compliance required to be delivered together with the application is a statement that the requirements of this Part as to re-registration as an unlimited private company have been complied with.

(4)The statement must contain a statement by the directors of the company—

(a)that the persons by whom or on whose behalf the form of assent is authenticated constitute the whole membership of the company, and

(b)if any of the members have not authenticated that form themselves, that the directors have taken all reasonable steps to satisfy themselves that each person who authenticated it on behalf of a member was lawfully empowered to do so.

(5)The registrar may accept the statement of compliance as sufficient evidence that the company is entitled to be re-registered as an unlimited private company.