Version Superseded: 26/10/2023
Point in time view as at 03/10/2022.
Companies Act 2006, Cross Heading: Right to issue restrictions notice is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Textual Amendments
F1Schs. 1A, 1B inserted (26.5.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 2; S.I. 2015/1329, reg. 3(a); S.I. 2015/2029, reg. 4(a)
1 (1)This paragraph applies if—U.K.
(a)a notice under section 790D or 790E is served by a company on a person who has a relevant interest in the company, and
(b)the person fails to comply with that notice within the time specified in it.
(2)The company may give the person a notice under this paragraph (a “warning notice”) informing the person that it is proposing to issue the person with a notice (a “restrictions notice”) with respect to the relevant interest.
(3)The company may issue the restrictions notice if, by the end of the period of one month beginning with the date on which the warning notice was given—
(a)the person has not complied with the notice served under section 790D or 790E, and
(b)the company has not been provided with a valid reason sufficient to justify the person's failure to comply with the notice served under that section.
(4)A restrictions notice is issued on a person by sending the notice to the person.
(5)The effect of a restrictions notice is set out in paragraph 3.
(6)In deciding whether to issue a restrictions notice, the company must have regard to the effect of the notice on the rights of third parties in respect of the relevant interest.]
Modifications etc. (not altering text)
C1Sch. 1B applied (with modifications) by S.I. 2009/1804, reg. 31N (as inserted (6.4.2016) by The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (S.I. 2016/340), regs. 1(3), 3, Sch. 1)
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