Deregulation (Resolutions of Private Companies) Order 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/1471 |
| Year | 1996 |
1996 No. 1471
DEREGULATION
The Deregulation (Resolutions of Private Companies) Order 1996
Made 5th June 1996
Coming into force 19th June 1996
Whereas:
(a) the Secretary of State is of the opinion that certain provisions of the Companies Act 19851which are the subject of this Order impose burdens affecting persons in the carrying on of a trade, business, profession or otherwise and that by amending or repealing the provisions concerned and by making certain other provision it is possible to remove or reduce the burdens without removing any necesssary protection;
(b) the Secretary of State has consulted such organisations as appear to him to be representative of interests substantially affected by his proposals and such other persons as he considers appropriate;
(c) as a result of that consultation it appears to the Secretary of State appropriate to vary part of his proposals, and he has undertaken such further consultation with respect to the variations as appears to him to be appropriate;
(d) it appears to the Secretary of State that it is appropriate, following those consultations, to proceed with the making of this Order;
(e) a document setting out the Secretary of State’s proposals has been laid before Parliament in accordance with section 3 of the Deregulation and Contracting Out Act 19942and the period for Parliamentary consideration under section 4 of that Act has expired;
(f) the Secretary of State has had regard to the representations made during that period;
(g) a draft of this Order has been laid before Parliament with a statement giving details of such representations and the changes (if any) to the Secretary of State’s proposals in the light of those representations; and
(h) a draft of this Order has been approved by resolution of each House of Parliament.
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 1 of the Deregulation and Contracting Out Act 1994, hereby makes the following Order:—
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Deregulation (Resolutions of Private Companies) Order 1996 and shall come into force 14 days after the day on which it is made.
(2) In this Order “the 1985 Act” means the Companies Act 1985.
Elective resolutions: effect when passed at meetings convened at short notice
2. In section 379A of the 1985 Act (elective resolutions)3after subsection (2) (under which an elective resolution is not effective unless passed at a meeting of which at least 21 days' notice has been given) there shall be inserted—
“2A An elective resolution is effective notwithstanding the fact that less than 21 days' notice in writing of the meeting is given if all the members entitled to attend and vote at the meeting so agree.”
Written resolutions: auditors
3.—(1) For section 381B of the 1985 Act (under which a written resolution which concerns the auditors as auditors is not effective if the auditors give notice to the company that it should be considered at a general meeting)4there shall be substituted—
“Duty to notify auditors of proposed written resolution
381B.—(1) If a director or secretary of a company—
(a)
(a)...
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