Led by F.W. Maitland Simulacrum
About this course
The process of bringing a company into existence under the Companies Act 2006. F.W. Maitland Simulacrum guides the student from the promoter's role (Twycross v Grant) through registration at Companies House to the certificate of incorporation, covering the constitutional documents — memorandum (s8) and articles (Model Articles Regulations 2008) — the private/PLC distinction, trading certificates, and the conversion of shelf companies. The closing exercise involves advising on and drafting constitutional documents.
Part of the Company and Partnership Practice series, built to the CILEX Level 6 Unit 16 specification (2026).
Led by F.W. Maitland Simulacrum
The question
What steps must a promoter take to form a limited company, and what constitutional documents does the company need? This module covers the role of the promoter (Twycross v Grant), the Companies House registration process under CA 2006 Part 2, the memorandum of association (s8), the articles of association (Model Articles as default), the distinction between private and public companies, and the purchase and conversion of shelf companies. The scenario exercise requires the student to advise on formation and draft appropriate constitutional documents.
Outcome
The student can explain the company formation process, describe the constitutional documents and their default provisions, and advise a client on the practical steps including drafting a memorandum and articles of association. (Company formation)
Sub-units