1049. Effect of filing of special resolution creating a cell

(1) When a cell company resolves by special resolution to create a cell, it shall file the resolution in accordance with section 27 (resolutions or agreements to be forwarded to Registrar) with the Registrar. The cell company must include with such filing such evidence as the Registrar may require that the creation of such cell has been approved by the Financial Services Regulator.
(2) A special resolution filed in accordance with subsection (1) shall have effect as if it were an application for registration delivered to the Registrar in accordance with section 6 (registration documents) for the purposes of applying to form a company in accordance with that section.
(3) The cell shall be taken to have been created when the Registrar issues—
(a) in the case of a cell of an incorporated cell company, a certificate of incorporation in respect of the cell, or
(b) in the case of a cell of a protected cell company, a certificate of recognition in respect of the cell.