Companies Act 2006

1173 Minor definitions: general U.K.

(1) In the Companies Acts—

• [F1 “the Audit Regulation” means Regulation 537/2014 of the European Parliament and of the Council on specific requirements regarding statutory audit of public interest entities;]

• “body corporate” and “corporation” include a body incorporated outside the United Kingdom, but do not include—

  (a)

  a corporation sole, or

  (b)

  a partnership that, whether or not a legal person, is not regarded as a body corporate under the law by which it is governed;

• [F1 “the competent authority” means the Financial Reporting Council Limited;]

• [F2 “credit institution” means a credit institution as defined in Article 4(1)(1) of Regulation ( EU ) No. 575/2013 of the European Parliament and of the Council.]

• “financial institution” means a financial institution within the meaning of Article 1.1 of the Council Directive on the obligations of branches established in a Member State of credit and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents (the Bank Branches Directive, 89/117/EEC);

• “firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;

• “the Gazette” means—

  (a)

  as respects companies registered in England and Wales, the London Gazette,

  (b)

  as respects companies registered in Scotland, the Edinburgh Gazette, and

  (c)

  as respects companies registered in Northern Ireland, the Belfast Gazette;

• “hire-purchase agreement” has the same meaning as in the Consumer Credit Act 1974 (c. 39);

• “officer”, in relation to a body corporate, includes a director, manager or secretary;

• “parent company” means a company that is a parent undertaking (see section 1162 and Schedule 7);

• “regulated activity” has the meaning given in section 22 of the Financial Services and Markets Act 2000 (c. 8);

• “regulated market” has the same meaning as in [F3 Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments (see Article 4.1.21))];

• [F4 “transferable securities” means anything which is a transferable security for the purposes of [F5 Directive 2014/65/EU] of the European Parliament and of the Council on markets in financial instruments;]

• “working day”, in relation to a company, means a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the company is registered.

(2) In relation to an EEA State that has not implemented Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments, the following definition of “regulated market” has effect in place of that in subsection (1)—

“regulated market” has the same meaning as it has in [F6 Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments].

Textual Amendments

F1 Words in s. 1173(1) inserted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 27(2)

F2 Words in s. 1173(1) substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 42(2)

F3 Words in s. 1173(1) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 4 para. 9(7)(a)(i) (with reg. 7)

F4 Words in s. 1173(1) inserted (with effect in accordance with reg. 2(2)-(5) of the amending S.I.) by The Companies, Partnerships and Groups (Accounts and Reports) Regulations 2015 (S.I. 2015/980), regs. 2(1), 12(2) (with reg. 3)

F5 Words in s. 1173(1) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 4 para. 9(7)(a)(ii) (with reg. 7)

F6 Words in s. 1173(2) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 4 para. 9(7)(b) (with reg. 7)

Modifications etc. (not altering text)

C1 S. 1173 applied (6.4.2007) by The Companies Acts (Unregistered Companies) Regulations 2007 (S.I. 2007/308), reg. 3, Sch. (with reg. 6)

C2 S. 1173 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 79

C3 S. 1173 applied (with modifications) (1.10.2008) by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008 (S.I. 2008/1911), reg. 55 (as amended (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 85, Sch. 3 para. 15(4)(5); as amended (with effect in accordance with reg. 2(2)-(5) of the amending S.I.) by The Limited Liability Partnerships, Partnerships and Groups (Accounts and Audit) Regulations 2016 (S.I. 2016/575), regs. 2(1), 25); (as amended (1.1.2018) by The Statutory Auditors Regulations 2017 (S.I. 2017/1164), reg. 1(2)(3), Sch. 3 para. 20 (with reg. 2(6)(7)))

Commencement Information

I1 S. 1173 wholly in force at 1.10.2009; s. 1173 not in force at Royal Assent, see s. 1300; s. 1173 in force for specified purposes at 1.1.2007 and 20.1.2007 by S.I. 2006/3428, arts. 2(2)(g), 3(2)(d) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 1173 in force for further specified purposes at 6.4.2007 by S.I. 2007/1093, art. 2(2)(h) (with art. 11(1)); s. 1173 in force for further specified purposes at 1.10.2007 and 1.11.2007 by S.I. 2007/2194, arts. 2(3)(k), 3(2)(c) (with saving in art. 12); s. 1173 in force for further specified purposes at 6.4.2008 and 1.10.2008 by S.I. 2007/3495, arts. 3(3)(j), 5(3)(c) (with savings in arts. 7, 12); s. 1173 in force at 1.10.2009 in so far as not already in force by S.I. 2008/2860, art. 3(u) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)