The European Economic Interest Grouping (Amendment) Regulations 2009

Amendment of the European Economic Interest Grouping Regulations 1989

14.—(1) Regulation 11 (change of name) is amended as follows.

(2) Omit paragraph (1).

(3) After that paragraph insert—

“(1A) Sections 67(1) and 68 of the 2006 Act (power to direct change of name in case of similarity to existing name) apply to EEIGs, and their establishments, registered under these Regulations, as if they were companies formed and registered under the 2006 Act.

(1B) In the application of section 68 of the 2006 Act to EEIGs and their establishments—

(a) subsection (5) is to be read as if—

(i) the reference in paragraph (b) to an officer of the company were a reference to an officer of the EEIG, within the meaning of these Regulations; and

(ii) the second sentence were omitted;

(b) subsection (6) is to be read as if the reference to a daily default fine were omitted.”

(4) For paragraphs (2) and (3) substitute—

“(2) Paragraphs (2A) and (2B) below apply where the registrar receives notice of a change of an EEIG’s name.

(2A) If the registrar is satisfied—

(a) that the new name complies with the requirements of regulation 10(1) and the provisions applied by regulation 10(1A) above, and

(b) that any requirements applying under or by virtue of these Regulations with respect to a change of name are complied with,

the registrar shall enter the new name on the register in place of the former name.

(2B) On the registration of the new name, the registrar shall issue a certificate of registration altered to meet the circumstances of the case.

(3) A change of an EEIG’s name has effect from the date on which the new certificate of registration is issued.

(4) The change does not affect any rights or obligations of the EEIG or render defective any legal proceedings by or against it.

(5) Any legal proceedings that might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.”