Section 68

(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 re- registered;

(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-

(a) 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

(b) 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.