Remedy
Start free

Section 785: Provision enabling procedures for evidencing and transferring title

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

Part 21: Certification and transfer of securities — Chapter 2: Evidencing and transfer of title to securities without written instrument

Provision may be made by regulations for enabling title to securities to be evidenced and transferred without a written instrument.

The regulations may make provision—

for procedures for recording and transferring title to securities, and
for the regulation of those procedures and the persons responsible for or involved in their operation.

The regulations must contain such safeguards as appear to the authority making the regulations appropriate for the protection of investors and for ensuring that competition is not restricted, distorted or prevented.

The regulations may, for the purpose of enabling or facilitating the operation of the procedures provided for by the regulations, make provision with respect to the rights and obligations of persons in relation to securities dealt with under the procedures.

The regulations may include provision for the purpose of giving effect to—

the transmission of title to securities by operation of law;
any restriction on the transfer of title to securities arising by virtue of the provisions of any enactment or instrument, court order or agreement;
any power conferred by any such provision on a person to deal with securities on behalf of the person entitled.

The regulations may make provision with respect to the persons responsible for the operation of the procedures provided for by the regulations—

as to the consequences of their insolvency or incapacity, or
as to the transfer from them to other persons of their functions in relation to those procedures.

The regulations may confer functions on any person, including—

the function of giving guidance or issuing a code of practice in relation to any provision made by the regulations, and
the function of making rules for the purposes of any provision made by the regulations.

The regulations may, in prescribed cases, confer immunity from liability in damages.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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