S.C.D.
Amendment Paper as at
Tuesday 27th June 2006
STANDING COMMITTEE D
New Amendments handed in are marked thus *
COMPANY LAW REFORM BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee.
Clause 115.
Amendment (No. 26) proposed, in page 52, line 10, to leave out from the word 'inspection' to the end of line 12 and insert the words 'of any member of the company without charge, provided that each such member to whom the register is disclosed owns 5 per cent. or more of the issued share capital of the Company.'.—(Mr Jonathan Djanogly)
Question proposed, That the Amendment be made.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
27
Clause 115, page 52, line 21, after first 'the', insert 'precise'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
28
Clause 115, page 52, line 29, at end add—
'(5) When filing its annual return a company shall not be required to identify its shareholders individually.'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
29
Clause 116, page 52, line 32, leave out 'five' and insert 'fifteen'.
David Howarth
Lorely Burt
Mark Hunter
168
Clause 116, page 52, line 34, leave out 'apply to the court' and insert 'inform the person making the request that it is refusing the request because it believes that the request is not made for a proper purpose'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
30
Clause 116, page 52, line 34, after 'court', insert ', unless an application for a confidentiality order has been made subject to section [Names and addresses of members of companies: company application] or [Names and addresses of members of companies: individual application]'.
David Howarth
Lorely Burt
Mark Hunter
170
Clause 116, page 52, leave out line 35 and insert—
'(2) The person making the report may apply to the court.'.
David Howarth
Lorely Burt
Mark Hunter
171
Clause 116, page 52, line 36, after 'is', insert 'not'.
David Howarth
Lorely Burt
Mark Hunter
172
Clause 116, page 52, line 37, leave out 'not'.
David Howarth
Lorely Burt
Mark Hunter
173
Clause 116, page 52, line 38, leave out 'the company not to comply with' and insert 'that the company is permitted to refuse'.
David Howarth
Lorely Burt
Mark Hunter
174
Clause 116, page 52, line 41, leave out from 'request' to end.
David Howarth
Lorely Burt
Mark Hunter
175
Clause 116, page 53, line 2, after 'is', insert 'permitted'.
David Howarth
Lorely Burt
Mark Hunter
176
Clause 116, page 53, line 5, leave out from 'if' to first 'the' in line 6 and insert 'the court does not make a direction that the company is permitted to refuse'.
David Howarth
Lorely Burt
Mark Hunter
169
Clause 117, page 53, line 12, leave out 'accordance with an order of the court' and insert 'pursuance of a refusal under section 116(1)(b) (unless the court has decided that it is not satisfied that the request was for a proper purpose under section 116(3))'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
33
Clause 120, page 54, line 16, leave out from beginning to end of line 18 and insert—
'(1) A company may transfer to a separate register any entries relating to a former member of the company; and the provisions of this Chapter apply to the separate register as they apply to the register, with any necessary modifications.
(2) An entry relating to a former member of the company may be removed from the register, or from the separate register of former members, after the expiration of ten years from the date on which he ceased to be a member.'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
34
Clause 124, page 56, line 22, at end insert—
'(5) Any amendment to the register consequent upon an order for rectification shall be deemed to have occurred at the time of the passing of the order.'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
35
Page 56, line 23, leave out Clause 125.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
36
Clause 127, page 56, line 34, leave out 'ten' and insert 'fifteen'.
Margaret Hodge
103
Page 57, line 1, leave out Clause 128.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
37
Clause 130, page 57, line 25, leave out paragraph (a).
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
185
Clause 253, page 117, line 27, after 'company', insert 'which is entitled to the exemption conferred by subsection (1) or (2) of section 249A of the 1985 Act (exemptions from audit) in respect of its current financial year'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
247
Clause 253, page 117, line 27, after 'secretary', insert 'but may do so'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
248
Clause 253, page 117, line 27, at end insert—
'( ) A sole director of a private company shall not also be secretary.
( ) No private company shall—
| (a) | have as secretary to the company a corporation, the sole director of which is secretary to the company; |
| (b) | have as sole director of the company a corporation, the sole director of which is secretary to the company.'. |
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
186
Clause 253, page 117, line 28, after 'company' insert 'which is not required to have a secretary.'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
249
Clause 253, page 117, line 28, after 'company', insert 'that does not have a secretary'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
187
Clause 253, page 117, line 38, at end add—
'(2A) In the case of a private company which does not have a secretary, if the company has more than one director, all of the directors shall have joint and several responsibility for complying with the requirements of the Companies Acts in relation to the company.'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
188
Clause 254, page 117, line 40, after 'company', insert 'and a private company which is not entitled to the exemption conferred by subsection (1) or (2) of section 249A of the 1985 Act (exemptions from audit) in respect of its current financial year'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
189
Clause 255, page 118, line 2, leave out 'public'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
190
Clause 255, page 118, line 5, after 'must', insert 'be in writing and'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
191
Clause 255, page 118, line 29, at end add—
'(8) Nothing in this section shall entitle the Secretary of State to question whether a secretary of a public company satisfies the requirements of section 256.'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
266
Clause 256, page 119, line 12, at end insert—
| '(h) | the Association of Accounting Technicians.'. |
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
192
Clause 257, page 119, line 14, leave out 'public company' and insert 'company which is required by section 254 to have a secretary'.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
193
Clause 258, page 119, line 22, leave out 'public company' and insert 'company which is required by section 254 to have a secretary or which, although not so required, has a secretary '.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
194
Clause 259, page 120, line 2, leave out 'public company' and insert 'company which is required by section 254 to have a secretary or which, although not so required, has a secretary '.
Mr Jonathan Djanogly
Mr Crispin Blunt
James Brokenshire
195
Clause 259, page 120, line 5, after 'notice', insert 'in the prescribed form'.
