Q&As

What is the meaning of ‘clear days’?

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Published by a LexisNexis Corporate expert
Published on: 26 February 2018

The term ‘clear days’ relates to the calculation of notice periods connected with company meetings and resolutions under Part 13 of the Companies Act 2006 (CA 2006), and is defined in CA 2006, s 360. CA 2006, s 360(1) sets out the instances in which the clear day rule applies. CA 2006, s 360(2) provides that in the instances specified in CA 2006, s 360(1), the period of notice required does not include the day on which the notice is given or the day of the meeting. The date the notice is 'given' is the date that the notice is deemed to be received, and not the date of dispatch.

To calculate the number of clear days’ notice, it will first be necessary to work out what the date of receipt, or service, of the notice will be. The provisions for calculating the date of service or Deemed service of the notice may be set out in the company's Articles of association. Where there are no such express provisions

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Deemed service definition
What does Deemed service mean?

This applies where a claim form is served within the UK in accordance with cpr 6. The claim form is deemed served on the second business day after completion of the relevant step under rule 7.5(1). It is used to determine the timetable for the proceedings.

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