| Commentary

4 Private and public companies

| Commentary

B: PUBLIC COMPANIES

4 Private and public companies

The companies involved in a takeover or company reorganisation may be private companies, public companies or both. The Companies Act 2006 defines a public company as a company limited by shares or limited by guarantee and having a share capital1:

  1. 4.1

        whose certificate of incorporation states that it is a public company; and

  2. 4.2

        in relation to which the requirements of the Act, or the former Companies Acts, as to registration or re-registration as a public company have been complied with on or after the relevant date.

A private company is any company that

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