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Legislation
Companies Act 2006

Crossheading Other exceptions

  • Section 931A Other circumstances in which meeting of members of transferor company not required (division)
  • Section 932 Circumstances in which meeting of members of transferee company not required (division)
  • Section 933 Agreement to dispense with reports etc (division)
  • Section 933A Certain requirements excluded where shareholders given proportional rights (division)
  • Section 934 Power of court to exclude certain requirements (division)
  1. Other exceptions
  2. Agreement to dispense with reports etc (division)

Section 933 | Agreement to dispense with reports etc (division)

From legislation.gov.uk

(1)If all members holding shares in, and all persons holding other securities of, the companies involved in the division, being shares or securities that carry a right to vote in general meetings of the company in question, so agree, the following requirements do not apply.

(2)The requirements that may be dispensed with under this section are—

(a)the requirements of—

(i)section 923 (directors' explanatory report),

(ii)section 924 (expert's report),

(iii)section 925 (supplementary accounting statement), and

(iv)section 927 (report on material changes in assets of transferor company); and

(b)the requirements of section 926 (inspection of documents) so far as relating to any document required to be drawn up under the provisions mentioned in paragraph (a)(i), (ii) or (iii) above.

(3)For the purposes of this section—F1

(a)the members, or holders of other securities, of a company, and

(b)whether shares or other securities carry a right to vote in general meetings of the company,

are determined as at the date of the relevant application.

(4)In subsection (3) “the relevant application” means—F2

(a)in the case of a compromise or arrangement to be sanctioned under Part 26, the application to the court under section 896;F2

(b)in the case of a compromise or arrangement to be sanctioned under Part 26A, the application to the court under section 901C(1).F2

Notes

  1. F1

    Words in s. 933(3) substituted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 36(15)(a) (with ss. 2(2), 5(2))

  2. F2

    S. 933(4) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 36(15)(b) (with ss. 2(2), 5(2))

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