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

Amendment of the European Public Limited-Liability Company Regulations 2004

38.  For Schedule 2 (provisions of the 1985 Act applied by virtue of regulation 14) substitute—

Regulation 14

“SCHEDULE 2 Provisions of the 2006 Act applying to the registration of SEs

1.   Section 1066(1) to (5) (registered numbers), as if any reference to a company were a reference to an SE.

2.   Section 1082 (allocation of unique identifiers), as if—

(a) the reference in subsection (1)(a) to a director 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,

and

(b) paragraphs (b) and (c) of subsection (1) were omitted.

3.   Section 1084 (records relating to companies that have been dissolved etc), as if—

(a) any reference to a company being dissolved were a reference to an SE being dissolved,

(b) the reference in subsection (2) to records relating to a company included a reference to—

(i) the documents required to be retained by the registrar under regulation 13(1), and

(ii) records of the information contained in those documents,

and

(c) subsection (4) were omitted.

4.   Section 1113 (enforcement of company’s filing obligations), as if—

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

(b) any reference to an obligation under the Companies Acts were a reference to an obligation under these Regulations,

(c) any reference to a member of a company were a reference to a shareholder of an SE, and

(d) any reference 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.

5.   Section 1117 (registrar’s rules), so far as relating to section 1066(2).”