There is no legal requirement for a company to amend its memorandum or articles as a result of any of the 1 October 2009 changes. However, it is important that you appreciate how the changes imposed by the new Act will affect your company's constitution so as to avoid uncertainty and operational errors.
The articles of companies incorporated under previous Companies Acts will remain in force. However, the Companies Act 2006 (CA 2006) will override some inconsistent provisions and give new powers to directors unless restrictions appear in the articles.
Reference to provisions under the 1985 Act will be deemed to be references to the CA 2006 wherever possible.
Changes apply equally to both private and public limited companies unless otherwise stated.