Article 5(1)

Meaning of "old public company"

1. For the purposes of this Schedule an "old public company" is a company limited by shares, or a company limited by guarantee and having a share capital, in respect of which the following conditions are met -

(a) the company either existed on 22nd December 1980 or was incorporated after that date pursuant to an application made before that date,

(b) on that date or, if later, on the day of the company’s incorporation, the company was not or (as the case may be) would not have been a private company within the meaning of section 28 of the Companies Act 1948 [1948 c.38.], and

(c) the company has not since that date or the day of the company’s incorporation (as the case may be) either been re-registered as a public company within the meaning of section 1(3) of the Companies Act 1985 or section 4(2) of the Companies Act 2006 or become a private company within the meaning of section 1(3) of the Companies Act 1985 or section 4(1) of the Companies Act 2006.

Application of Companies Acts to old public companies

2.

(1) References in the Companies Acts to -

(a) a public company, or

(b) a company other than a private company,

are to be read (unless the context otherwise requires) as including an old public company.