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Commencement Timetable

Contents

• Where can we see the full timetable for implementation of the Companies Act 2006?
• Which provisions are being commenced on 1 October 2009?
• Following final commencement of the Companies Act 2006 on 1 October 2009 will any provisions remain that have not been commenced?

Where can we see the full timetable for implementation of the Companies Act 2006?

The main Companies Act 2006 webpage on the BIS website has a link to a table summarising the commencement timetable.
Most provisions of the Act have already been commenced on Royal Assent or by seven commencement orders. The Eighth Commencement Order will commence remaining provisions with effect from 1 October 2009. All eight commencement orders are available as links from Regulations and Commencement Orders - made or before Parliament

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Which provisions are being commenced on 1 October 2009?

The remaining provisions of the Companies Act 2006 still to be commenced are set out in the Eighth Commencement Order which is available as a link from Regulations and Commencement Orders - made or before Parliament.

These include provisions about the following:-

• formation of companies
• companies’ constitutions and capacity
  
• company names and business names
  
• re-registration of companies as a means of altering status
  
• protection from disclosure of residential addresses of company directors
  
• shares and share capital
  
• company charges
  
• dissolution and restoration to the register
  
• unregistered companies and overseas companies
  
• the registrar of companies

The Eighth Commencement Order also brings into force the remaining repeals in the 2006 Act. This will complete the repeal of all the company law elements of the Companies Act 1985 and the Companies Act 1989, and of their Northern Ireland equivalents.

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Following final commencement of the Companies Act 2006 on 1 October 2009 will any provisions remain that have not been commenced?

Provisions of the Companies Act 2006 that will not be commenced by 1 October 2009 are:

• Sections 327(2)(c) and 330(6)(c); and
  
• Section 1175 so far as it relates to Northern Ireland and the associated Part 2 of Schedule 9

The written statement made by Ian Pearson on 6 November 2008 sets out further details as to why these provisions will not be commenced.

In addition Regulation 2(1) and (2) of the Companies Act 2006 and Limited Liability Partnerships (Transitional Provisions and Savings) (Amendment) Regulations 2009 amends the Eighth Commencement Order so as to stop section 22(2) of the 2006 Act from coming into force on 1st October 2009.

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