|
| |
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Power to require statements to be sent to the registrar of companies |
| |
1152 | Statements from persons subject to foreign restrictions |
| |
(1) | The Secretary of State may make provision by regulations requiring a person |
| |
| |
(a) | is subject to foreign restrictions, and |
| 5 |
(b) | is not disqualified under this Part, |
| |
| to send a statement to the registrar if he does anything that, if done by a person |
| |
disqualified under this Part, would be in breach of the disqualification. |
| |
(2) | The statement must include such information as may be specified in the |
| |
| 10 |
(a) | the person’s activities in relation to UK companies, and |
| |
(b) | the foreign restrictions to which the person is subject. |
| |
(3) | The statement must be sent to the registrar within such period as may be |
| |
specified in the regulations. |
| |
(4) | The regulations may make different provision for different cases and may in |
| 15 |
particular distinguish between cases by reference to— |
| |
(a) | the conduct on the basis of which the person became subject to foreign |
| |
| |
(b) | the nature of the foreign restrictions; |
| |
(c) | the country or territory under whose law the foreign restrictions were |
| 20 |
| |
(5) | Regulations under this section are subject to affirmative resolution procedure. |
| |
1153 | Statements from persons disqualified |
| |
(1) | The Secretary of State may make provision by regulations requiring a |
| |
statement or notice sent to the registrar of companies under any of the |
| 25 |
provisions listed below that relates (wholly or partly) to a person who— |
| |
(a) | is a person disqualified under this Part, or |
| |
(b) | is subject to a disqualification order or disqualification undertaking |
| |
under the Company Directors Disqualification Act 1986 (c. 46) or the |
| |
Company Directors Disqualification (Northern Ireland) Order 2002 |
| 30 |
(S.I. 2002/3150 (N.I. 4)), |
| |
| to be accompanied by an additional statement. |
| |
(2) | The provisions referred to above are— |
| |
(a) | section 12 (statement of a company’s proposed officers), |
| |
(b) | section 167(2) (notice of person having become director), |
| 35 |
(c) | section 276 (notice of a person having become secretary or one of joint |
| |
| |
(d) | section 287(2) (notice of a person having been appointed an authorised |
| |
signatory under Part 13). |
| |
(3) | The additional statement is a statement that the person has obtained |
| 40 |
permission from a court, on an application under section 1148(5) or (as the case |
| |
may be) for the purposes of section 1(1)(a) of the Company Directors |
| |
Disqualification Act 1986 or Article 3(1) of the Company Directors |
| |
| |
| |
|
| |
| |
Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)), to act |
| |
in the capacity in question. |
| |
(4) | Regulations under this section are subject to affirmative resolution procedure. |
| |
1154 | Statements: whether to be made public |
| |
(1) | Regulations under section 1152 or 1153 (statements required to be sent to |
| 5 |
registrar) may provide that a statement sent to the registrar of companies |
| |
under the regulations is to be treated as a record relating to a company for the |
| |
purposes of section 1046 (the companies register). |
| |
(2) | The regulations may make provision as to the circumstances in which such a |
| |
statement is to be, or may be— |
| 10 |
(a) | withheld from public inspection, or |
| |
(b) | removed from the register. |
| |
(3) | The regulations may, in particular, provide that a statement is not to be |
| |
withheld from public inspection or removed from the register unless the |
| |
person to whom it relates provides such information, and satisfies such other |
| 15 |
conditions, as may be specified. |
| |
(4) | The regulations may provide that section 1047 (note of removal of material |
| |
from the register) does not apply, or applies with such modifications as may be |
| |
specified, in the case of material removed from the register under the |
| |
| 20 |
(5) | In this section “specified” means specified in the regulations. |
| |
| |
(1) | Regulations under section 1152 or 1153 may provide that it is an offence for a |
| |
| |
(a) | to fail to comply with a requirement under the regulations to send a |
| 25 |
statement to the registrar; |
| |
(b) | knowingly or recklessly to send a statement under the regulations to |
| |
the registrar that is misleading, false or deceptive in a material |
| |
| |
(2) | The regulations may provide that a person guilty of such an offence is liable— |
| 30 |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years or a fine (or both); |
| |
(b) | on summary conviction— |
| |
(i) | in England and Wales, to imprisonment for a term not |
| |
exceeding twelve months or to a fine not exceeding the |
| 35 |
statutory maximum (or both); |
| |
(ii) | in Scotland or Northern Ireland, to imprisonment for a term not |
| |
exceeding six months, or to a fine not exceeding the statutory |
| |
| |
(3) | In relation to an offence committed before the commencement of section 154(1) |
| 40 |
of the Criminal Justice Act 2003 (c. 44), for “twelve months” in subsection |
| |
(2)(b)(i) substitute “six months”. |
| |
| |
| |
|
| |
| |
| |
| |
| |
Restricted or prohibited names |
| |
| 5 |
1156 | Application of this Chapter |
| |
(1) | This Chapter applies to any person carrying on business in the United |
| |
| |
(2) | The provisions of this Chapter do not prevent— |
| |
(a) | an individual carrying on business under a name consisting of his |
| 10 |
surname without any addition other than a permitted addition, or |
| |
(b) | individuals carrying on business in partnership under a name |
| |
consisting of the surnames of all the partners without any addition |
| |
other than a permitted addition. |
| |
(3) | The following are the permitted additions— |
| 15 |
(a) | in the case of an individual, his forename or initial; |
| |
(b) | in the case of a partnership— |
| |
(i) | the forenames of individual partners or the initials of those |
| |
| |
(ii) | where two or more individual partners have the same surname, |
| 20 |
the addition of “s” at the end of that surname; |
| |
(c) | in either case, an addition merely indicating that the business is carried |
| |
on in succession to a former owner of the business. |
| |
Sensitive words or expressions |
| |
1157 | Name suggesting connection with government or public authority |
| 25 |
(1) | A person must not, without the approval of the Secretary of State, carry on |
| |
business in the United Kingdom under a name that would be likely to give the |
| |
impression that the business is connected with— |
| |
(a) | Her Majesty’s Government, any part of the Scottish administration or |
| |
Her Majesty’s Government in Northern Ireland, |
| 30 |
(b) | any local authority, or |
| |
(c) | any public authority specified for the purposes of this section by |
| |
regulations made by the Secretary of State. |
| |
(2) | For the purposes of this section— |
| |
| 35 |
(a) | a local authority within the meaning of the Local Government |
| |
Act 1972 (c. 70), the Common Council of the City of London or |
| |
the Council of the Isles of Scilly, |
| |
(b) | a council constituted under section 2 of the Local Government |
| |
etc. (Scotland) Act 1994 (c. 39), or |
| 40 |
| |
| |
|
| |
| |
(c) | a district council in Northern Ireland; |
| |
“public authority” includes any person or body having functions of a |
| |
| |
(3) | Regulations under this section are subject to affirmative resolution procedure. |
| |
(4) | A person who contravenes this section commits an offence. |
| 5 |
(5) | Where an offence under this section is committed by a body corporate, an |
| |
offence is also committed by every officer of the body who is in default. |
| |
(6) | A person guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale and, for |
| |
continued contravention, a daily default fine not exceeding one-tenth of level |
| 10 |
| |
1158 | Other sensitive words or expressions |
| |
(1) | A person must not, without the approval of the Secretary of State, carry on |
| |
business in the United Kingdom under a name that includes a word or |
| |
expression for the time being specified in regulations made by the Secretary of |
| 15 |
State under this section. |
| |
(2) | Regulations under this section are subject to approval after being made. |
| |
(3) | A person who contravenes this section commits an offence. |
| |
(4) | Where an offence under this section is committed by a body corporate, an |
| |
offence is also committed by every officer of the body who is in default. |
| 20 |
(5) | A person guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale and, for |
| |
continued contravention, a daily default fine not exceeding one-tenth of level |
| |
| |
1159 | Requirement to seek comments of government department or other relevant |
| 25 |
| |
(1) | The Secretary of State may by regulations under— |
| |
(a) | section 1157 (name suggesting connection with government or public |
| |
| |
(b) | section 1158 (other sensitive words or expressions), |
| 30 |
| require that, in connection with an application for the approval of the Secretary |
| |
of State under that section, the applicant must seek the view of a specified |
| |
Government department or other body. |
| |
(2) | Where such a requirement applies, the applicant must request the specified |
| |
department or other body (in writing) to indicate whether (and if so why) it has |
| 35 |
any objections to the proposed name. |
| |
(3) | He must submit to the Secretary of State a statement that such a request has |
| |
been made and a copy of any response received from the specified body. |
| |
(4) | If these requirements are not complied with, the Secretary of State may refuse |
| |
to consider the application for approval. |
| 40 |
| |
| |
|
