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Section 901A: Application of this Part

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

Part 26A: Arrangements and reconstructions: companies in financial difficulty

The provisions of this Part apply where conditions A and B are met in relation to a company.

Condition A is that the company has encountered, or is likely to encounter, financial difficulties that are affecting, or will or may affect, its ability to carry on business as a going concern.

Condition B is that—

a compromise or arrangement is proposed between the company and—
its creditors, or any class of them, or
its members, or any class of them, and
the purpose of the compromise or arrangement is to eliminate, reduce or prevent, or mitigate the effect of, any of the financial difficulties mentioned in subsection (2).

In this Part—

  • "arrangement" includes a reorganisation of the company's share capital by the consolidation of shares of different classes or by the division of shares into shares of different classes, or by both of those methods;

  • "company"—in section 901J (powers of court to facilitate reconstruction or amalgamation) means a company within the meaning of this Act, andelsewhere in this Part means any company liable to be wound up under the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).

The provisions of this Part have effect subject to Part 27 (mergers and divisions of public companies) where that Part applies (see sections 902 and 903).

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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.