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The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009

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The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009 List of acts
 Selected UK Acts and Regulations
    Wills and probate
 
Crown Copyright Acknowledged
CONTENTS

Statutory Instruments

2009 No. 1802

Companies

The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Made                                 8th July 2009

Coming into force         1st October 2009

1.Citation and commencement

2.Amendments of the Companies Act 2006

3.Before section 1060 insert— Scheme of this Part Scheme of...

4.In section 1061 (the registrar’s functions)— (a) in subsection (1),...

5.In section 1067 (registered numbers of branches of overseas company)—...

6.In section 1068(3) (registrar’s requirements as to authentication), for paragraph...

7.In section 1070(1) (agreement for delivery of documents by electronic...

8.In section 1075 (informal correction of document)—

9.In section 1076 (replacement of document not meeting requirements for...

10.(1) Section 1080 (records to be kept by registrar) is...

11.In section 1083(1) and (2) (preservation of original documents) for...

12.(1) Section 1087(1) (material not available for public inspection) is...

13.In section 1109(1) (voluntary transliteration of name or address into...

14.In section 1115(1) (electronic communications: consent to use of electronic...

15.In section 1116 (alternative to publication in the Gazette), in...

16.Omit section 1120 (application of Part to overseas companies).

17.In Schedule 8 to the Companies Act 2006 (index of...

18.Transitional provisions and savings

Signature

SCHEDULE

PARAGRAPHS 97 TO 109 OF SCHEDULE 2 TO THE COMPANIES ACT 2006

(COMMENCEMENT NO. 8, TRANSITIONAL PROVISIONS AND SAVINGS) ORDER 2008 AS SUBSTITUTED BY THIS ORDER

Explanatory Note

 

The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the creation, operation, regulation or dissolution of companies and other forms of business organisation.

 The Secretary of State makes the following Order in exercise of the powers conferred by that section and by sections 1292, 1294 and 1296 of the Companies Act 2006(3).

In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and sections 1290, 1292(4) and 1294(6) of the Companies Act 2006, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009 and comes into force on 1st October 2009.

Amendments of the Companies Act 2006

2.  Part 35 of the Companies Act 2006 (the registrar of companies) is amended as follows.

Amendments of the Companies Act 2006

3.  Before section 1060 insert—

“Scheme of this Part

Scheme of this Part

1059A.—(1) The scheme of this Part is as follows.

(2) The following provisions apply generally (to the registrar, to any functions of the registrar, or to documents delivered to or issued by the registrar under any enactment, as the case may be)—

sections 1060(1) and (2) and 1061(1) to 1063(2) (the registrar),

sections 1068 to 1071 (delivery of documents to the registrar),

sections 1072 to 1076 (requirements for proper delivery),

sections 1080(1), (4) and (5) and 1092 (keeping and production of records),

section 1083 (preservation of original documents),

sections 1108 to 1110 (language requirements: transliteration),

sections 1111 and 1114 to 1119 (supplementary provisions).

(3) The following provisions apply in relation to companies (to companies or for the purposes of the Companies Acts, as the case may be)—

section 1060(3) and (4) (references to the registrar in the Companies Acts),

sections 1064(3) and 1065(4) (certificates of incorporation),

section 1066(5) (companies’ registered numbers),

sections 1077 to 1079(6) (public notice of receipt of certain documents),

sections 1080(2) and (3), 1081(7), 1082(8) and 1084(9) (the register),

sections 1085 to 1091(10) (inspection of the register),

sections 1093 to 1098(11) (correction or removal of material on the register),

section 1106(12) (voluntary filing of translations),

sections 1112(13) and 1113(14) (supplementary provisions).

(4) The following provisions apply as indicated in the provisions concerned—

section 1067 (registered numbers of UK establishments of overseas companies),

sections 1099 to 1101 (the registrar’s index of company names),

sections 1102 to 1105 and 1107(15) (language requirements: translation).

(5) Unless the context otherwise requires, the provisions of this Part apply to an overseas company as they apply to a company as defined in section 1.”.

Amendments of the Companies Act 2006

4.  In section 1061 (the registrar’s functions)—

(a)in subsection (1), for paragraph (a) substitute—

“(a)to perform the functions conferred on the registrar by or under the Companies Acts or any other enactment, and”;

(b)omit subsection (2).

Amendments of the Companies Act 2006

5.  In section 1067 (registered numbers of branches of overseas company)—

(a)in the heading for “branches” substitute “UK establishments”;

(b)in subsection (1)—

(i)for “branch” substitute “UK establishment”;

(ii)for “the branch’s registered number” substitute “the UK establishment’s registered number”;

(c)in subsection (2) for “Branches’ registered numbers” substitute “The registered numbers of UK establishments of overseas companies”;

(d)in subsection (4) for “a branch’s registered number” substitute “the registered number of a UK establishment”;

(e)in subsection (5) for “the branch’s registered number” substitute “the UK establishment’s registered number”;

(f)after that subsection add—

“(6) In this Part “establishment”, in relation to an overseas company, means—

(a)a branch within the meaning of the Eleventh Company Law Directive (89/666/EEC)(1), or

(b)a place of business that is not such a branch,

and “UK establishment” means an establishment in the United Kingdom.”.

Amendments of the Companies Act 2006

6.  In section 1068(3) (registrar’s requirements as to authentication), for paragraph (c) substitute—

“(c)require the document to contain or be accompanied by the name or registered number (or both) of the company (or other body) to which it relates.”.

Amendments of the Companies Act 2006

7.  In section 1070(1) (agreement for delivery of documents by electronic means), after “a company” and “the company” insert “(or other body)”.

Amendments of the Companies Act 2006

8.  In section 1075 (informal correction of document)—

(a)in subsection (2)(b) for “the company” substitute “the company (or other body) to which the document relates”;

(b)in subsection (3)(b)(ii) after “the company” insert “(or other body)”;

(c)in subsection (4) for “The company’s consent” substitute “The consent of the company (or other body)”;

(d)in subsection (5) after “the company”, in each place where it occurs, insert “(or other body)”.

Amendments of the Companies Act 2006

9.  In section 1076 (replacement of document not meeting requirements for proper delivery), in subsection (2)(b) after “company” insert “(or other body)”.

Amendments of the Companies Act 2006

10.—(1) Section 1080 (records to be kept by registrar) is amended as follows.

(2) In subsection (1) (duty to keep records), for paragraphs (b) and (c) substitute—

“, and

(b)certificates issued by the registrar under any enactment.”.

(3) In subsection (5) (records to be kept so that associated information may be retrieved)—

(a)after “a company” insert “or other registered body”,

(b)for “that company” substitute “that body”, and
(c)for “the company” substitute “the body”.

 
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