Section 4 | Private and public companies

(1)A “private company” is any company that is not a public company.

(2)A “public company” is a company limited by shares or limited by guarantee and having a share capital—

(a)whose certificate of incorporation states that it is a public company, and

(b)in relation to which the requirements of this Act, or the former Companies Acts, as to registration or re-registration as a public company have been complied with on or after the relevant date.

(3)For the purposes of subsection (2)(b) the relevant date is—

(a)in relation to registration or re-registration in Great Britain, 22nd December 1980;

(b)in relation to registration or re-registration in Northern Ireland, 1st July 1983.

(4)For the two major differences between private and public companies, see Part 20.