Overview

The Companies Act 2006 completes a process of legislative consultation on the reform of company law. It starts with the Company Law Review set up in 1998 by the DTI, who reported to the Secretary of State for Trade and Industry in 2001, followed by Cm.5553-I/II Modernising Company Law, White Paper (ISBN 0101555326), and Cm.6456 Company Law Reform, White Paper (ISBN 0101645627), both of which are available. The company law provisions as contained in the Companies Act 2006 restate almost all of the provisions of the 1985 Act (ISBN 0105406856), along with the Companies Act 1989 (ISBN 0105440892), and the 2004 Act, Companies (Audit, Investigations and Community Enterprise) (ISBN 0105427047), all of which are available below. The 2006 Act provides for a single company law regime to the whole of the UK, so that companies will be UK companies rather than GB companies as at present. It also codifies certain existing common law principles, such as those relating to director's duties; implements the European Union's Takeover and Transparency Obligations Directives; and introduces various new provisions for private and public companies. Certain general provisions of the Act cover such matters as: company formation; constitutional documents; corporate capacity; share capital; shareholder meetings and communications; and auditor's liability. The proposals are designed to minimise the regulatory burden on business, particularly small and medium sized enterprises. It contains 47 parts and 16 schedules. The Act is available in a hardback edition and Explanatory Notes to the Act, published separately, are available in both paperback and hardback.

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