Companies Act 1928
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The Companies Act 1928 was an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
, which regulated
UK company law The United Kingdom company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directives and court cases, the company is the primary legal ...
.


Provisions

It introduced the power of the court to make a disqualification order prohibiting a person from being concerned in the management of a company was introduced by section 75. This was subsequently consolidated as section 275 of the
Companies Act 1929 The Companies Act 1929 (19 & 20 Geo.5 c.23) was an Act of the Parliament of the United Kingdom, which regulated UK company law. Its descendant is the Companies Act 2006. Provisions Forms made under the 1929 Act introduced the term "Companies Cou ...
and based on the recommendation of the Report of the Company Law Amendment Committee (1925-1926) under the chairmanship of Mr Wilfrid Greene KC (Cmd 2657). Application for an order was to the court having jurisdiction to wind up the company and could be made by the official receiver or the liquidator or any creditor or contributory of the company. Except where there had been a conviction the power was limited to cases where it appeared in the course of a winding up that any business of the company had been carried on with intent to defraud and the maximum period for which a disqualification order could be made was five years. The power to make such an order was discretionary. The grounds upon which a disqualification order could be made were later extended by section 33 of the Companies Act 1947 (subsequently consolidated as section 188 of the Companies Act 1948) following the Report of the Committee on Company Law Amendment (1945) under the chairmanship of Cohen J (Cmd 6659).per Lord Millett, ''
Official Receiver v Wadge Rapps & Hunt An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their su ...
'
UKHL 41
/ref> See now the
Company Directors Disqualification Act 1986 The Company Directors Disqualification Act 19861986 c. 46 forms part of UK company law and sets out the procedures for company directors to be disqualified in certain cases of misconduct. History Lord Millett, in the opinion he gave in , summar ...
.


See also

*
Companies Act Companies Act (with its variations) is a stock short title used for legislation in Botswana, Hong Kong, India, Kenya, Malaysia, New Zealand, South Africa and the United Kingdom in relation to company law. The Bill for an Act with this short title ...


Notes

{{UK legislation United Kingdom company law United Kingdom Acts of Parliament 1928 1928 in economics