BIS has published a final version of guidance on constitutional documents under the Companies Act 2006.
The guidance is aimed at private companies. It includes an explanation of the relevant changes coming into force on 1 October 2009 together with guidance on what companies need to do with their constitutional documents from October. It also includes a comparative table that shows which provisions of Table A are repeated in the three different sets of Model Articles.
BIS has also published an FAQ to confirm that provisions of the Model Articles can be incorporated into a company’s Articles by cross-reference. This is the case even if the Model Articles in question are not the default Articles for that company. For example, a private company may choose to incorporate by reference certain, or even all, of the provisions of the Model Articles for public companies.
“Companies Act 2006 implementation – changes to constitutional documents, including model articles: a summary of what the new approach means” is available at http://www.berr.gov.uk/files/file52852.pdf.
The BIS FAQ is available at http://www.berr.gov.uk/whatwedo/businesslaw/co-act-2006/faq%20Act%202006/page38503.html.
