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Companies Act 1948
Act of the Parliament of the United Kingdom
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The Companies Act 1948 (11 & 12 Geo. 6. c. 38) was an act of the Parliament of the United Kingdom that consolidated enactments related to company law in Great Britain. The act regulated UK company law. Its descendant is the Companies Act 2006.
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Long titleAn Act to consolidate the Companies Act, 1929, the Companies Act, 1947 (other than the provisions thereof relating to the registration of business names, bankruptcy and the prevention of fraud in connection with unit trusts), and certain other enactments amending the first-mentioned Act.
Citation11 & 12 Geo. 6. c. 38
Territorial extent[b]
Royal assent30 June 1948
| Act of Parliament | |
| |
| Long title | An Act to consolidate the Companies Act, 1929, the Companies Act, 1947 (other than the provisions thereof relating to the registration of business names, bankruptcy and the prevention of fraud in connection with unit trusts), and certain other enactments amending the first-mentioned Act. |
|---|---|
| Citation | 11 & 12 Geo. 6. c. 38 |
| Territorial extent | [b] |
| Dates | |
| Royal assent | 30 June 1948 |
| Commencement | 1 July 1948[c] |
| Repealed | 1 July 1985 |
| Other legislation | |
| Amends | |
| Repeals/revokes | See § Repealed enactments |
| Amended by |
|
| Repealed by | Companies Consolidation (Consequential Provisions) Act 1985 |
| Relates to | |
Status: Repealed | |
| Text of statute as originally enacted | |
Provisions
Repealed enactments
Section 459(1) of the act repealed 11 enactments, listed in part I of the seventeenth schedule to the act, and three provisions of the Companies Act 1947 (10 & 11 Geo. 6. c. 47), listed in part II of that schedule.[1]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 19 & 20 Geo. 5. c. 23 | Companies Act 1929 | The whole act. |
| 24 & 25 Geo. 5. c. 23 | Workmen's Compensation (Coal Mines) Act 1934 | In section three, in subsection (6), the words from "and (8)" to the end of paragraph (c), and the words "or the company, as the case may be". |
| 25 & 26 Geo. 5. c. 8 | Unemployment Insurance Act 1935 | In section twenty, subsection (1). |
| 26 Geo. 5 & 1 Edw. 8. c. 32 | National Health Insurance Act 1936 | In section one hundred and seventy-seven, subsection (1). |
| 1 Edw. 8 & 1 Geo. 6. c. 54 | Finance Act 1937 | In Part III of the Fifth Schedule, in paragraph 5, the words from "in the winding-up" to "that charge" and the words "and companies". |
| 2 & 3 Geo. 6. c. 57 | War Risks Insurance Act 1939 | Section five. |
| 5 & 6 Geo. 6. c. 21 | Finance Act 1942 | In section twenty, subsections (2) and (3), and in subsection (4) the words "and the last foregoing subsection shall not apply to a company registered in Scotland". |
| 7 & 8 Geo. 6. c. 15 | Reinstatement in Civil Employment Act 1944 | In section eighteen, subsections (2) and (3), and subsection (4) so far as it relates to those subsections. |
| 9 & 10 Geo. 6. c. 62 | National Insurance (Industrial Injuries) Act 1946 | In section seventy-one, subsection (1), and in the Ninth Schedule the entry relating to the Companies Act 1929. |
| 9 & 10 Geo. 6. c. 67 | National Insurance Act 1946 | In section fifty-five, subsection (1). |
| 10 & 11 Geo. 6. c. 47 | Companies Act 1947 | Sections one to fifty-seven and fifty-nine to ninety. In section ninety-one, subsection (3), in subsection (4) the words "and two hundred and ninety-eight", in subsection (5) the words from "and in relation to" to the end of the subsection, and subsections (7) and (8). In section ninety-two, subsection (1). Sections ninety-three to ninety-eight and one hundred to one hundred and fourteen. In section one hundred and fifteen, in subsection (1), the words "other than a company within the stannaries" and the words from "and also" to the end of the subsection. Sections one hundred and eighteen to one hundred and twenty-one. In section one hundred and twenty-two, in subsection (1), the words from "and, except" to the end of the subsection, and subsections (2) to (7). In section one hundred and twenty-three, in subsection (1), the words from "and this Act" to the end of the subsection, and subsection (3) so far as it relates to Part I of the Ninth Schedule. The First to Eighth Schedules, and Part I of the Ninth Schedule. |
| Provision | Extent of repeal |
|---|---|
| Section ninety-one | The whole section except so far as it has effect for the purposes of subsection (1) of section one hundred and fifteen of the Companies Act 1947. |
| Section ninety-two | The whole section except as applied by subsection (4) of the said section one hundred and fifteen. |
| Section ninety-nine | The whole section except as applied by subsection (5) of the said section one hundred and fifteen. |
Subsequent developments
The Law Commission proposed consolidating the act in their second programme on consolidation and statute law revision, published on 20 April 1971.[2]
The whole act was repealed by sections 28, 29 and 31(9) of, and schedule 1 to, the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9), which came into force on 1 July 1985.[3]
Cases decided under the act
- Bushell v Faith [1970] AC 1099
- Scottish Co-operative Wholesale Society Ltd v Meyer
- Stonegate Securities Ltd v Gregory [1980] Ch 576
