| Commentary

141 Disapplication of the statutory pre-emption requirements

| Commentary

141 Disapplication of the statutory pre-emption requirements

The Companies Act 2006 provides that the statutory pre-emption provisions may be disapplied in certain circumstances, most of which are available for all companies, both private and public (whether listed and unlisted) although the first is limited to private companies. The circumstances are:

  1. 141.1

        Private company with only one class of shares: Where a private company has only one class of shares, the directors may be given power by the articles or by a special resolution of the company to allot equity securities of that class as if the statutory pre-emption provisions did

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