Amendments proposed to the Company Law Reform Bill [Lords] - continued | House of Commons |
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Qualifying pension scheme indemnity provision
Margaret Hodge NC29 To move the following Clause:'(1) Section 216(2) (voidness of provisions for indemnifying directors) does not apply to qualifying pension scheme indemnity provision. (2) Pension scheme indemnity provision means provision indemnifying a director of a company that is a trustee of an occupational pension scheme against liability incurred in connection with the company's activities as trustee of the scheme.
(3) The provision must not provide any indemnity against
(5) For this purpose
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.'.
Entries relating to former members
Mr Jonathan Djanogly NC4 To move the following Clause:
Auditors' report on business reviews
David Howarth NC21 To move the following Clause:'(1) A business review must
(5) Where or the extent that the directors of a company have complied with a reporting standard, they are presumed (unless the contrary is proved) to have complied with the corresponding requirements of this Part relating to the contents of a business review.'.
Optional regime for membership register
David Howarth NC22 To move the following Clause:'(1) A company may by special resolution exempt itself from any obligation under sections 115 to 117 to allow the inspection of its membership register or to supply a copy of the register or any part of it as long as it undertakes to pass on to all of its members any lawful message or documentation that a member of the company or a member of the public wishes to send to the company's members. (2) The company may charge a reasonable fee for sending a message or documentation under subsection (1). (3) Where the company has made an undertaking under subsection (1) and has failed to carry it out, an offence is committed by
(5) In the case of any such refusal or default the court may by order compel an immediate inspection of the register or, as the case may be, direct that a copy of the register be sent to the person to whom the undertaking was made.'.
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