The various provisions contained in the Companies Act 2006 have broadly been brought into effect. The last date for implementation was 5 October 2009.

In particular the rules relating to the constitutional documents previously known as the memorandum and articles of association have changed. New companies only have one constitutional document know as the Articles of Association whereas the older companies will have both.

in order to bring older companies into line with their newer sisters, section 28 of the Act provides transitional provisions. The effect of this section is to provide that the two documents are treated as one, the Articles of Association now incorporating the terms of the Memorandum.

This means that companies can continue without going through the formalities of change shortly after 5 october 2009. However, the impact of the Act must be borne in mind when alterations are made to the Articles of Association of a company created pre-October 2009.

If you have any doubts please contact me on 01279 715333 or at brendan.obrien@breezeandwyles.co.uk.

Brendan O ’Brien
Director and Head of Arrears Management

May 2010