Section 1040: Companies authorised to register under this Act

Companies Act 2006 · 2006 c. 46View on legislation.gov.uk

Part 33: UK companies not formed under companies legislation — Chapter 1: Companies not formed under companies legislation but authorised to register

This section applies to—

any company that was in existence on 2nd November 1862 (including any company registered under the Joint Stock Companies Acts), and
any company formed after that date (whether before or after the commencement of this Act)—iin pursuance of an Act of Parliament other than this Act or any of the former Companies Acts,iiin pursuance of letters patent, oriiithat is otherwise duly constituted according to law. other than a company registered under Part 4 of the Risk Transformation Regulations 2017.

Any such company may on making application register under this Act.

Subject to the following provisions, it may register as an unlimited company, as a company limited by shares or as a company limited by guarantee.

A company having the liability of its members limited by Act of Parliament or letters patent—

may not register under this section unless it is a joint stock company, and
may not register under this section as an unlimited company or a company limited by guarantee.

A company that is not a joint stock company may not register under this section as a company limited by shares.

The registration of a company under this section is not invalid by reason that it has taken place with a view to the company's being wound up.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.