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801. Application of this part

Past version: effective from 14/06/2015 - 13/06/2015
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(1) The provisions of this Part apply where a compromise or arrangement is proposed between a company and—
(a) its creditors, or any class of them, or
(b) its members, or any class of them.
(2) In this Part—

"arrangement" includes a reorganisation of the company's share capital by the consolidation of shares of different classes or by the division of shares into shares of different classes, or by both of those methods, and

"company", unless the context otherwise requires, means—
(a) in section 806 (powers of Court to facilitate reconstruction or amalgamation or merger or division):
(i) in the case of a compromise or arrangement falling within sections 806(1)(a) or 806(1)(c), a company formed or registered under these Regulations, and
(ii) in the case of a compromise or arrangement falling within section 806(1)(b), a company formed or registered under these Regulations and any non-ADGM company whose jurisdiction of incorporation permits such non-ADGM company to merge into a single company or body corporate or into a new company (or to become such a new company) as described in section 810(1)(a) or 810(1)(b), and
(b) elsewhere in this Part, any company liable to be wound up under the Insolvency Regulations 2015 and any non-ADGM company whose jurisdiction of incorporation permits such non-ADGM company to merge into a single company or body corporate or into a new company (or to become such a new company) as described in section 810(1)(a) or 810(1)(b).
(3) The provisions of this Part have effect subject to Part 26 (mergers and divisions) where that Part applies (see sections 808 and 809).