758 Enforcement of prohibition: orders available to the court after contravention
758 Enforcement of prohibition: orders available to the court after contravention
Companies Act 2006 | Legislation

(1)     This section applies if it appears to the court—

(a)     on an application under this section, or

(b)     in proceedings under Part 30 (protection of members against unfair prejudice),

that a company has acted in contravention of section 755 (prohibition of public offers by private companies).

(2)     The court must make an order requiring the company to re-register as a public company unless it appears to the court—

(a)     that the company does not meet the requirements for re-registration as a public company, and

(b)     that it is impractical or undesirable to require it to take steps to do so.

(3)     If it does not make an order for re-registration, the court may make either or both of the following—