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Contents

Legislation
Companies Act 2006

Crossheading Main provisions

  • Section 994 Petition by company member
  • Section 995 Petition by Secretary of State
  • Section 996 Powers of the court under this Part
  1. Main provisions
  2. Petition by company member

Section 994 | Petition by company member

From legislation.gov.uk

(1)A member of a company may apply to the court by petition for an order under this Part on the ground—

(a)that the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to the interests of members generally or of some part of its members (including at least himself), or

(b)that an actual or proposed act or omission of the company (including an act or omission on its behalf) is or would be so prejudicial.

(1A)For the purposes of subsection (1)(a), a removal of the company's auditor from office—F1

(a)on grounds of divergence of opinions on accounting treatments or audit procedures, orF1

(b)on any other improper grounds,F1

shall be treated as being unfairly prejudicial to the interests of some part of the company's members.

(2)The provisions of this Part apply to a person who is not a member of a company but to whom shares in the company have been transferred or transmitted by operation of law as they apply to a member of a company.

(3)In this section, and so far as applicable for the purposes of this section in the other provisions of this Part, “company” means—

(a)a company within the meaning of this Act, or

(b)RepealedF2

Notes

  1. F1

    S. 994(1A) inserted (6.4.2008) by The Statutory Auditors and Third Country Auditors Regulations 2007 (S.I. 2007/3494), reg. 42(1) (with reg. 42(2))

  2. F2

    S. 994(3)(b) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(7)

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