Previous Section Back to Table of Contents Lords Hansard Home Page

Lord McKenzie of Luton moved Amendment No. 483F:


"(2) The enactments are—
the Joint Stock Companies Acts;
the Newspaper Libel and Registration Act 1881 (c. 60);
the Limited Partnerships Act 1907 (c. 24);
section 53 of the Industrial and Provident Societies Act 1965 (c. 12) or, for Northern Ireland, section 62 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.));
the Insolvency Act 1986 (c. 45) or, for Northern Ireland, the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));
 
16 May 2006 : Column 221
 

section 12 of the Statutory Water Companies Act 1991 (c. 58);
sections 3, 4, 6, 63 and 64 of, and Schedule 1 to, the Housing Act 1996 (c. 52) or, for Northern Ireland, Articles 3 and 16 to 32 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15));
sections 2, 4 and 26 of the Commonwealth Development Corporation Act 1999 (c. 20);
Part 6 and section 366 of the Financial Services and Markets Act 2000 (c. 8);
the Limited Liability Partnerships Act 2000 (c. 12);
section 14 of the Insolvency Act 2000 (c. 39) or, for Northern Ireland, Article 11 of the Insolvency (Northern Ireland) Order 2002 (S.I. 2002/3152 (N.I. 6));
section 121 of the Land Registration Act 2002 (c. 9);
section 842 of this Act."

On Question, amendment agreed to.

Clause 684 [Fees payable to registrar]:

Lord McKenzie of Luton moved Amendment No. 483G:


"( ) The Limited Partnerships Act 1907 (c. 24) is amended as follows—
(a) in section 16(1) (inspection of statements registered)—
(i) omit the words ", and there shall be paid for such inspection such fees as may be appointed by the Board of Trade, not exceeding 5p for each inspection", and
(ii) omit the words from "and there shall be paid for such certificate" to the end;
(b) in section 17 (power to make rules)—
(i) omit the words "(but as to fees with the concurrence of the Treasury)", and
(ii) omit paragraph (a)."

On Question, amendment agreed to.

Clause 685 [Public notice of issue of certificate of incorporation]:

Lord McKenzie of Luton moved Amendment No. 483H:

The noble Lord said: My Lords, in rising to move Amendment No. 483H, I shall also speak to Amendments Nos. 483J, 483K, 483L and 487F. Amendments Nos. 483H and 483K are identical to two which were tabled in Grand Committee by the noble Lord, Lord Sharman. His intention was to ensure that where the registrar gives notices about a particular company in, for example, the Gazette, the company should be identified not just by its name but by its registered number. I said at the time that I had a great deal of sympathy with the idea, but wanted first to check with Companies House that there would be no technical problems. I am pleased to say that we are now confident that the idea is workable in practice, and I am therefore putting the amendments that he
 
16 May 2006 : Column 222
 
suggested back to the House for agreement. I am grateful to the noble Lord for suggesting what is undoubtedly an improvement to the Bill.

In looking at the drafting of these clauses, we have also unearthed a few small omissions and infelicities which the other amendments in this group correct. The Bill already includes provision in Clause 698 to ensure that public notice is given where certain documents are placed on the register. Amendment No. 487F ensures that similar notice must be given where such documents are removed; without this the story as seen by third parties could risk being misleading.

Amendment No. 483L makes clear that the registrar need not give public notice before a company is actually incorporated. She will often receive documents in advance of, and in preparation for, the incorporation of a company, but it will be confusing to publicise these documents unless and until the company in fact exists and can be identified by a name and registered number.

Finally, Amendment No. 483J is a minor drafting change which clarifies that the "Directive disclosure requirements" to which the clause refers, are the requirements as they apply in respect of a particular company at the time that documents relating to that company are received. I beg to move.

On Question, amendment agreed to.

Clause 698 [Public notice of receipt of certain documents]:

Lord McKenzie of Luton moved Amendments Nos. 483J to 483L:


"( ) The registrar is not required to cause notice of the receipt of a document to be published before the date of incorporation of the company to which the document relates."

On Question, amendments agreed to.

7 pm

Clause 699 [Documents subject to Directive disclosure requirements]:

Lord McKenzie of Luton moved Amendment No. 483M:


" 1. Any statement of capital and initial shareholdings."

The noble Lord said: My Lords, in moving government Amendment No. 483M, I shall speak also to Amendments Nos. 483N to 483U.

As noble Lords may be aware, the EC company law directives impose obligations on the registrar to publish various matters in the Gazette or an equivalent. The Bill changes the law on how companies are required to set out details of their share capital. This means that some "statements of capital" are subject to directive disclosure requirements. The additions to Clause 699 reflect that.

These amendments are required to enable us to fulfil our obligations under EC law and I therefore trust that noble Lords will have no objections. I beg to move.
 
16 May 2006 : Column 223
 

On Question, amendment agreed to.

Lord McKenzie of Luton moved Amendments Nos. 483N to 483U:


" . Statement of capital accompanying order delivered under section 138 of that Act (order of court confirming reduction of capital)."
Page 342, line 36, at end insert—
" . Statement of capital accompanying return delivered under section 169 of that Act (return of details of company's purchase of own shares)."
Page 342, line 36, at end insert—
" . Statement of capital accompanying notice given under section 586 of this Act (notice by company of redenomination of shares)."
Page 342, line 36, at end insert—
" . Statement of capital accompanying notice given under section 588 of this Act (notice by company of reduction of capital in connection with redenomination of shares)."
Page 342, line 37, at end insert "and the statement of capital accompanying it"
Page 342, line 42, at end insert—
"( ) Where a private company re-registers as a public company (see section 96)—
(a) the last statement of capital relating to the company received by the registrar under any provision of the Companies Acts becomes subject to the Directive disclosure requirements, and
(b) section 698 (public notice of receipt of certain documents) applies as if the statement had been received by the registrar when the re-registration takes effect."

On Question, amendments agreed to.

Clause 703 [Allocation of unique identifiers]:


Next Section Back to Table of Contents Lords Hansard Home Page