Further sections of the Companies Act 2006 came into force on 1 October 2008. One of the provisions implemented, by virtue of the Companies Act 2006 (Commencement No 5 Transitional Provisions and Savings) Order 2007, was the repeal of the restrictions on financial assistance by a private company or any of its private subsidiaries for the acquisition of the company’s shares (including, as a consequence, the statutory “whitewash” procedure). The repeal of this prohibition will greatly simplify private company acquisitions and group restructurings.
However, financial assistance given by, or to acquire shares in, public companies continues to be prohibited.
