Commentary Part 17: a Company’s Share Capital Chapter 2: Allotment of Shares: General Provisions Section 559: Provisions about allotment not applicable to shares taken on formation
864.this provision replicates the effect of section 80(2)(a) of the 1985 Act and provides that the allotment provisions in Chapter 2 of this Part do not apply to the shares taken by the subscribers to the memorandum on the formation of a company. Such persons become members of the company in respect of the shares that are taken by them on formation by virtue of section 16 and the provisions of the Act on share allotments do not apply to them.