Legislation

UK Legislation

Companies Act 2006

Part 13 Resolutions and Meetings

Chapter 7 Supplementary Provisions
360  Computation of periods of notice etc: clear day rule
(1)This section applies for the purposes of the following provisions of this Part—
 section 307(1) and (2) (notice required of general meeting),
 [section 307A(1), (4), (5) and (7)(b) (notice required of general meeting of traded company),]
 section 312(1) and (3) (resolution requiring special notice),
 section 314(4)(d) (request to circulate members' statement),
 section 316(2)(b) (expenses of circulating statement to be deposited or tendered before meeting),
 [section 337(3) (contents of notice of AGM of traded company),]
 section 338(4)(d)(i) (request to circulate member's resolution at AGM of public company), . . .
 [section 338A(5) (request to include matter in the business to be dealt with at AGM of traded company),]
 section 340(2)(b)(i) (expenses of circulating statement to be deposited or tendered before meeting)[, and
 section 340B(2)(b) (traded companies: duty to circulate members' matters for AGM)].
(2)Any reference in those provisions to a period of notice, or to a period before a meeting by which a request must be received or sum deposited or tendered, is to a period of the specified length excluding—
 (a)the day of the meeting, and
 (b)the day on which the notice is given, the request received or the sum deposited or tendered.
NOTES
Derivation
 This section is new.
Initial Commencement
 To be appointed
 To be appointed: see s 1300(2).
Appointment
 Appointment: 1 October 2007: see SI 2007/2194, art 2(1)(f).
Amendment
 Sub–s (1): entry relating to “section 307A(1), (4), (5) and (7)(b)” inserted by SI 2009/1632, reg 9(3).
  Date in force: 3 August 2009 (in relation to meetings of which notice is given, or first given, on or after that date): see SI 2009/1632, reg 1(2).
 Sub–s (1): entry relating to “section 337(3)” inserted by SI 2009/1632, reg 16(6).
  Date in force: 3 August 2009 (in relation to meetings of which notice is given, or first given, on or after that date): see SI 2009/1632, reg 1(2).
 Sub–s (1): in entry relating to “section 338(4)(d)(i)” word omitted repealed by SI 2009/1632, reg 18(2).
  Date in force: 3 August 2009 (in relation to meetings of which notice is given, or first given, on or after that date): see SI 2009/1632, reg 1(2).
 Sub–s (1): entry relating to “section 338A(5)” inserted by SI 2009/1632, reg 17(4).
  Date in force: 3 August 2009 (in relation to meetings of which notice is given, or first given, on or after that date): see SI 2009/1632, reg 1(2).
 Sub–s (1): entry relating to “section 340B(2)(b)” and word “, and” immediately preceding it inserted by SI 2009/1632, reg 18(2).
  Date in force: 3 August 2009 (in relation to meetings of which notice is given, or first given, on or after that date): see SI 2009/1632, reg 1(2).
See Further
 References in this section to a public company are to be read as including an old public company: see SI 2009/1941, art 12, Sch 3, paras 1, 2(1)(a), (3) (as amended by SI 2011/1265, art 4(1), (3)(a)).
 References in this section to a public company are to be read as including an old public company: see SI 2011/1265, art 5, Sch 1, paras 1, 2(1)(a), (3).
 See further: the Bank Recovery and Resolution (No 2) Order 2014, SI 2014/3348, art 220(4), Sch 4, Pt 1, para 21.
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