Company Law Reform Bill [HL]

House of Commons portcullis

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Company Law Reform Bill [HL]

Company Law Reform Bill [HL]
xxxii

706
Other returns etc
Supplementary
707
Offences
708
Disclosure of individual’s residential address: protection from disclosure
709
Requirement to identify persons authorised to accept service of documents
710
Registrar to whom returns, notices etc to be delivered
711
Duty to give notice of ceasing to have registrable presence
712
Application of provisions in case of relocation of branch
Part 29
The registrar of companies
The registrar
713
The registrar
714
The registrar’s functions
715
The registrar’s official seal
716
Fees payable to registrar
Certificates of incorporation
717
Public notice of issue of certificate of incorporation
718
Right to certificate of incorporation
Registered numbers
719
Company’s registered numbers
720
Registered numbers of branches of overseas company
Delivery of documents to the registrar
721
Registrar’s requirements
722
Power to require delivery by electronic means
723
Agreement for delivery by electronic means
724
Document not delivered until received
Defective delivery
725
Defective delivery
726
Informal correction of document
727
Voluntary replacement of document previously delivered
728
Exclusion of unnecessary material
729
Registrar’s notice to remedy defective delivery
Public notice of receipt of certain documents
730
Public notice of receipt of certain documents
731
Documents subject to Directive disclosure requirements
732
Effect of failure to give public notice

Company Law Reform Bill [HL]
xxxiii

The register
733
The register
734
Annotation of the register
735
Allocation of unique identifiers
736
Preservation of original documents
737
Records relating to companies that have been dissolved etc
Inspection etc of the register
738
Inspection of the register
739
Right to copy of material on the register
740
Material not available for public inspection
741
Application to registrar to make address unavailable for public inspection
742
Form of application for inspection or copy
743
Form and manner in which copies to be provided
744
Certification of copies as accurate
745
Issue of process for production of records kept by the registrar
Correction or removal of material on the register
746
Registrar’s notice to resolve inconsistency on the register
747
Administrative removal of material from the register
748
Rectification of register on application to registrar
749
Rectification of the register under court order
750
Powers of court on ordering removal of material from the register
751
Public notice of removal of certain material from the register
The registrar’s index of company names
752
The registrar’s index of company names
753
Right to inspect index
754
Power to amend enactments relating to bodies other than companies
Language requirements: translation
755
Application of language requirements
756
Documents to be drawn up and delivered in English
757
Documents relating to Welsh companies
758
Documents that may be drawn up and delivered in other languages
759
Voluntary filing of translations
760
Certified translations
Language requirements: transliteration
761
Transliteration of names and addresses: permitted characters
762
Transliteration of names and addresses: voluntary transliteration into Roman
characters
763
Transliteration of names and addresses: certification
Supplementary provisions
764
General false statement offence
765
Enforcement of company’s filing obligations
766
Application of provisions about documents and delivery

Company Law Reform Bill [HL]
xxxiv

767
Provisions requiring copies of court orders to be delivered to the registrar
768
Supplementary provisions relating to electronic communications
769
Alternative to publication in the Gazette
770
Registrar’s rules
771
Payments into the Consolidated Fund
772
Contracting out of registrar’s functions
773
Application of Part to overseas companies
Part 30
Offences under the Companies Acts
Liability of officer in default
774
Liability of officer in default
775
Liability of company as officer in default
776
Application to bodies other than companies
Offences under the Companies Act 1985
777
Amendments of the Companies Act 1985
General provisions
778
Meaning of “daily default fine”
779
Consents required for certain prosecutions
780
Summary proceedings: venue
781
Summary proceedings: time limit for proceedings
782
Legal professional privilege
783
Proceedings against unincorporated bodies
784
Imprisonment on summary conviction in England and Wales: transitory
provision
Supplementary
785
Transitional provision
Part 31
Companies: supplementary provisions
Company records
786
Meaning of “company records”
787
Form of company records
788
Regulations about inspection of records and provision of copies
789
Duty to take precautions against falsification
Service addresses
790
Service of documents on company
791
Service of documents on directors, secretaries and others
792
Service addresses
793
Requirement to give service address

Company Law Reform Bill [HL]
xxxv

Sending or supplying documents or information
794
The company communications provisions
795
Sending or supplying documents or information
796
Construction of provisions about documents or information sent or supplied
797
Right to hard copy version
798
Requirement of authentication
799
Deemed delivery of documents and information
800
Interpretation of company communications provisions
Notice of appointment of certain officers
801
Duty to notify registrar of certain appointments etc
802
Offence of failure to give notice
Courts and legal proceedings
803
Meaning of “the court”
804
Power of court to grant relief in certain cases
Part 32
Companies: interpretation
Meaning of "undertaking" and related expressions
805
Meaning of “undertaking” and related expressions
806
Parent and subsidiary undertakings
Other definitions
807
Hard copy and electronic form and related expressions
808
Classes of shares
809
Dormant companies
810
Meaning of “EEA State” and related expressions
811
The former Companies Acts
General
812
References to requirements of this Act
813
Minor definitions: general
814
Index of defined expressions
Part 33
Companies: minor amendments
815
Power of Secretary of State to bring civil proceedings on company’s behalf
816
Repeal of certain provisions about company directors
817
Repeal of requirement that certain companies publish periodical statement
818
Repeal of requirement that Secretary of State prepare annual report
819
Repeal of certain provisions about company charges
820
Access to constitutional documents of RTE and RTM companies

Company Law Reform Bill [HL]
xxxvi

Part 34
Business names
Chapter 1
Restricted or prohibited names
Introductory
821
Application of this Chapter
Sensitive words or expressions
822
Name suggesting connection with government or public authority
823
Other sensitive words or expressions
824
Requirement to seek comments of government department or other relevant
body
825
Withdrawal of Secretary of State’s approval
Misleading names
826
Name containing inappropriate indication of company type or legal form
827
Name giving misleading indication of activities
Supplementary
828
Savings for existing lawful business names
Chapter 2
Disclosure required in case of individual or partnership
Introductory
829
Application of this Chapter
830
Information required to be disclosed
Disclosure requirements
831
Disclosure required: business documents etc
832
Exemption for large partnerships if certain conditions met
833
Disclosure required: business premises
Consequences of failure to make required disclosure
834
Criminal consequences of failure to make required disclosure
835
Civil consequences of failure to make required disclosure
Chapter 3
Supplementary
836
Application of general provisions about offences

Company Law Reform Bill [HL]
xxxvii

837
Interpretation
Part 35
Statutory Auditors
Chapter 1
Introductory
838
Main purposes of Part
839
Meaning of “statutory auditor” etc
840
Eligibility for appointment as a statutory auditor: overview
Chapter 2
Individuals and firms
Eligibility for appointment
841
Individuals and firms: eligibility for appointment as a statutory auditor
842
Effect of ineligibility
Independence requirement
843
Independence requirement
844
Effect of lack of independence
Effect of appointment of a partnership
845
Effect of appointment of a partnership
Supervisory bodies
846
Supervisory bodies
847
Exemption from liability for damages
Professional qualifications
848
Appropriate qualifications
849
Qualifying bodies and recognised professional qualifications
850
Approval of overseas qualifications
851
Eligibility of individuals retaining only 1967 Act authorisation
Information
852
Matters to be notified to the Secretary of State
853
The Secretary of State’s power to call for information
Enforcement
854
Compliance orders

Company Law Reform Bill [HL]
xxxviii

Chapter 3
Auditors General
Eligibility for appointment
855
Auditors General: eligibility for appointment as a statutory auditor
Conduct of audits
856
Individuals responsible for audit work on behalf of Auditors General
The Independent Supervisor
857
Appointment of the Independent Supervisor
Supervision of Auditors General
858
Supervision of Auditors General by the Independent Supervisor
859
Duties of Auditors General in relation to supervision arrangements
Reporting requirement
860
Reports by the Independent Supervisor
Information
861
Matters to be notified to the Independent Supervisor
862
The Independent Supervisor’s power to call for information
Enforcement
863
Suspension notices
864
Effect of suspension notices
865
Compliance orders
Proceedings
866
Proceedings involving the Independent Supervisor
Grants
867
Grants to the Independent Supervisor
Chapter 4
The register of auditors etc
868
The register of auditors
869
Information to be made available to public

© Parliamentary copyright 2006
Revised 26 May 2006