The European Public Limited-Liability Company (Amendment) Regulations 2009

Amendment of the European Public Limited-Liability Company Regulations 2004

37.  After Schedule 1 insert—

Regulation 13(1B)

“SCHEDULE 1A Modifications of provisions of the 2006 Act applying in relation to documents sent to the registrar etc

1.   Section 1081 (annotation of the register), as if after subsection (1) there were inserted—

“(1A) Where it appears to the registrar that material on the register is misleading or confusing, the registrar may place a note in the register containing such information as appears to the registrar to be necessary to remedy, as far as possible, the misleading or confusing nature of the material.”

2.   Section 1085 (inspection of the register), as if in subsection (2) the second sentence were omitted.

3.   Section 1093 (registrar’s notice to resolve inconsistency on the register), as if—

(a) any reference to a company were a reference to an SE, and

(b) the reference in subsection (3)(b) to an officer of a company were a reference—

(i) in a one-tier system, to a member of the administrative organ of an SE, and

(ii) in a two-tier system, to a member of the supervisory or management organ of an SE.

4.   Section 1094 (administrative removal of material from the register), as if—

(a) for paragraph (a) of subsection (3) there were substituted—

“(a) anything whose registration has had legal consequences in relation to the SE as regards its registration;”, and

(b) any reference in subsection (4) to a company were a reference to an SE.

5.   Section 1095 (rectification of register on application to registrar), as if any reference to a company were a reference to an SE.

6.   Sections 1096(1) to (5) and 1097 (rectification of register under court order), as if any reference to a company were a reference to an SE.”