On 1 October 2009, the Companies (Model Articles) Regulations (SI 2008/3229) will replace Table A as the default set of articles of association for a company incorporated under the Companies Act 2006.

For a company incorporated before that date, the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008 (SI 2008/2860) gives guidance on the effect of the CA 2006 on its existing memorandum and articles of association.

This note addresses a number of questions arising both from that order and the CA 2006, in relation to a company's constitution.