Section 68: Reregistration of private limited company as unlimited

(1) A private limited company may be re-registered as an unlimited company if—
(a) all the members of the company have assented to its being so reregistered;
(b) the condition specified under subsection (2) is met; and
(c) an application for re-registration is delivered to the Commission in accordance with section 69, together with—
(i) the other documents required by that section, and
(ii) a statement of compliance.
(2) The condition is that the company has not previously been re-registered as limited.
(3) The company shall make such changes in its name and its memorandum and articles—
(a) as are necessary in connection with its becoming an unlimited company; and
(b) if it is to have a share capital, as are necessary in connection with its becoming an unlimited company having a share capital.
(4) For the purposes of this section—
(i) a trustee in bankruptcy of a member of the company is entitled, to the exclusion of the member, to assent to the company’s becoming unlimited; and
(ii) the personal representative of a deceased member of the company may assent on behalf of the deceased.
(5) In subsection (4) (a), “a trustee in bankruptcy of a member of the company” includes—
(a) a permanent trustee or an interim trustee on the sequestrated estate of a member of the company; and
(b) a trustee under a protected trustee deed granted by a member of the company.