Amendments proposed to the Company Law Reform Bill [Lords] - continued | House of Commons |
back to previous text |
Minimum age for appointment as authorised signatory
Margaret Hodge NC16 To move the following Clause:'(1) A person may not be appointed an authorised signatory under this Part unless he has attained the age of 16 years. (2) This does not affect the validity of an appointment that is not to take effect until the person appointed attains that age. (3) An appointment made in contravention of this section is void. (4) Nothing in this section affects any liability of a person under any provision of the Companies Acts if he purports to act as an authorised signatory although he could not, by virtue of this section, be validly appointed as an authorised signatory.'.
Register of authorised signatories
Margaret Hodge NC17 To move the following Clause:'(1) Every company that has appointed one or more persons as authorised signatories under this Part must keep a register of those persons. (2) The register
(7) In the case of a refusal of inspection of the register, the court may by order compel an immediate inspection.'.
Particulars to be registered
Margaret Hodge NC18 To move the following Clause:'(1) A company's register of authorised signatories must contain the following particulars of each authorised signatory
(3) For the purposes of this section a "former name" means a name by which the individual was formerly known for business purposes.
(4) It is not necessary for the register to contain particulars of a former name in the following cases
Particulars to be registered: power to make regulations
Margaret Hodge NC19 To move the following Clause:'(1) The Secretary of State may make provision by regulations amending section (Particulars of authorised signatories to be registered) (particulars of authorised signatories to be registered) so as to add to or remove items from the particulars required to be contained in a company's register of authorised signatories. (2) Regulations under this section are subject to affirmative resolution procedure.'.
Duty to notify registrar of changes
Margaret Hodge NC20 To move the following Clause:'(1) A company must, within the period of 14 days from the occurrence of
(2) Notice of a person having been appointed an authorised signatory of the company under this Part must be accompanied by a consent by that person to act in that capacity. (3) If default is made in complying with this section, an offence is committed by every officer of the company who is in default.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.'.
Directors to have regard to interests of employees
Mr Jonathan Djanogly NC1 To move the following Clause:'(1) The matters to which the directors of a company are to have regard in the performance of their functions include the interests of the company's employees in general, as well as the interests of its members. (2) Accordingly, the duty imposed by this section on the directors is owed by them to the company (and the company alone) and is enforceable in the same way as any other fiduciary duty owed to a company by its directors. (3) This section applies to shadow directors as it it does to directors.'.
Names and addresses of members of companies: company application
Mr Jonathan Djanogly NC2 To move the following Clause:'(1) Subject to the provisions of this section, a company may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied. (2) The condition referred to in subsection (1) above is that the company considers that the availability for inspection by members of the public of particulars of the names and usual residential or business addresses of the members of the company creates, or (if an order is not made under this section) is likely to create, a serious risk that a member of the company or a person who lives with or is an employee of a member of the company will be subjected to violence or intimidation ("a serious risk"). (3) Where, on an application made by a company under this section, the Secretary of State is satisfied that the availability for inspection by members of the public of the particulars of that company's members' usual residential addresses creates or (if an order is not made under this section) is likely to create a serious risk that a member, or a person who lives with him, or an employee of his will be subjected to violence, intimidation or criminal activity, he shall make an order under this section ("a company member's confidentiality order") in relation to the company. (4) Where the Secretary of State is not satisfied under subsection (3) he shall dismiss the application. (5) At any time when a company member's confidentiality order is in force in relation to a company, the name and address of any individual in the register of members of the company that is the subject of the confidentiality order, shall not be disclosed to any person who may request either company or Companies House disclosure of such names and addresses save in prescribed circumstances. (6) The Secretary of State shall give the applicant notice of his decision under subsection (3) or (4); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed. (7) The Secretary of State may at any time revoke a company members confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.'.
Names and addresses of members of companies: individual application
Mr Jonathan Djanogly NC3 To move the following Clause:'(1) Subject to the provisions of this section, an individual may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied. (2) The condition referred to in subsection (1) above is that the individual
(4) Where the Secretary of State is not satisfied under subsection (3) he shall dismiss the application. (5) At any time when an individual member's confidentiality order is in force in relation to an individual the name and address of the individual in the register of members of the company which is the subject of the confidentiality order shall not be disclosed to any person who may request either company or Companies House disclosure of such name and address save in prescribed circumstances. (6) The Secretary of State shall give the applicant notice of his decision under subsection (3) or (4); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed. (7) The Secretary of State may at any time revoke an individual member's condidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.'.
|