Rail Company Act 2009
33Sale of Company
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33 Sale of Company
(1) While all the shares in the Company are held in trust for the Crown, the members, jointly, may do one or more of the following:
(a) sell their shares in the Company;
(b) direct the Company to sell its shares in a subsidiary of the Company;
(c) direct the Company to sell all or any of its assets;
(d) require the Company to direct a subsidiary of the Company to sell all or any of its assets.
(2) A direction or requirement is to be in writing.
(3) The Company, and a subsidiary of the Company, are to comply with a direction or requirement.
(4) [Section 33 Subsection (4) amended by No. 20 of 2025, s. 20, Applied:27 Nov 2025] Despite subsection (1) , the members may not –
(a) sell their shares in the Company; or
(b) direct the Company to sell its shares in a subsidiary of the Company; or
(c) direct the Company to sell all its assets or substantial assets; or
(d) require the Company to direct a subsidiary of the Company to sell all its assets or substantial assets –
unless at least two-thirds of the members of each House of Parliament have passed a motion that approves that sale of shares, that direction to sell shares or substantial assets or that requirement.
(5) In subsection (4) –
substantial assets, in relation to the Company, or a subsidiary of the Company, means an asset or 2 or more assets which, if sold, would affect the operation of the Company or of the subsidiary.
(6) [Section 33 Subsection (6) omitted by No. 20 of 2025, s. 20, Applied:27 Nov 2025] . . . . . . . .