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The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009

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Amendments of the Companies Act 2006

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3.  Before section 1060 insert—

Scheme of this Part

Scheme of this Part

1059A.(1) The scheme of this Part is as follows.

(2) The following provisions apply generally (to the registrar, to any functions of the registrar, or to documents delivered to or issued by the registrar under any enactment, as the case may be)—

  • sections 1060(1) and (2) and 1061(1) to 1063(2) (the registrar),

  • sections 1068 to 1071 (delivery of documents to the registrar),

  • sections 1072 to 1076 (requirements for proper delivery),

  • sections 1080(1), (4) and (5) and 1092 (keeping and production of records),

  • section 1083 (preservation of original documents),

  • sections 1108 to 1110 (language requirements: transliteration),

  • sections 1111 and 1114 to 1119 (supplementary provisions).

(3) The following provisions apply in relation to companies (to companies or for the purposes of the Companies Acts, as the case may be)—

  • section 1060(3) and (4) (references to the registrar in the Companies Acts),

  • sections 1064(3) and 1065(4) (certificates of incorporation),

  • section 1066(5) (companies’ registered numbers),

  • sections 1077 to 1079(6) (public notice of receipt of certain documents),

  • sections 1080(2) and (3), 1081(7), 1082(8) and 1084(9) (the register),

  • sections 1085 to 1091(10) (inspection of the register),

  • sections 1093 to 1098(11) (correction or removal of material on the register),

  • section 1106(12) (voluntary filing of translations),

  • sections 1112(13) and 1113(14) (supplementary provisions).

(4) The following provisions apply as indicated in the provisions concerned—

  • section 1067 (registered numbers of UK establishments of overseas companies),

  • sections 1099 to 1101 (the registrar’s index of company names),

  • sections 1102 to 1105 and 1107(15) (language requirements: translation).

(5) Unless the context otherwise requires, the provisions of this Part apply to an overseas company as they apply to a company as defined in section 1..

(1)

By virtue of article 6 of S.I. 2009/317, the references in section 1061 to the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) are to be read as including a reference to Parts 2 and 3 of the Banking Act 2009 (c. 1).

(2)

Section 1063 was applied for the purposes of S.I. 2007/2974 by regulation 4 of those Regulations.

(3)

Section 1064 was applied to limited liability partnerships by regulation 61 of S.I. 2009/1804.

(4)

Section 1065 was applied to limited liability partnerships by regulation 61 of S.I. 2009/1804.

(5)

Section 1066 was applied to limited liability partnerships by regulation 62 of S.I. 2009/1804.

(6)

Sections 1077 to 1079 were applied to limited liability partnerships by regulation 63 of S.I. 2009/1804.

(7)

Section 1081 was applied for the purposes of S.I. 2007/2974 by regulation 4 of those Regulations, and was applied to limited liability partnerships by regulation 64 of S.I. 2009/1804.

(8)

Section 1082 was applied to limited liability partnerships by regulation 64 of S.I. 2009/1804.

(9)

Section 1084 was applied to limited liability partnerships by regulation 65 of S.I. 2009/1804.

(10)

Sections 1085 to 1091 were applied to limited liability partnerships by regulation 66 of S.I. 2009/1804.

(11)

Sections 1093 to 1098 were applied to limited liability partnerships by regulation 67 of S.I. 2009/1804.

(12)

Section 1106 was applied for the purposes of S.I. 2007/2974 by regulation 4 of those Regulations, and was applied to limited liability partnerships by regulation 68 of S.I. 2009/1804.

(13)

Section 1112 was applied for the purposes of S.I. 2007/2974 by regulation 4 of those Regulations, and was applied to limited liability partnerships by regulation 69 of S.I. 2009/1804.

(14)

Section 1113 was applied for the purposes of S.I. 2007/2974 by regulation 4 of those Regulations, and was applied to limited liability partnerships by regulation 69 of S.I. 2009/1804.

(15)

Sections 1102 to 1105 and 1107 were applied for the purposes of S.I. 2007/2974 by regulation 4 of those Regulations, and sections 1103 to 1107 were applied to limited liability partnerships by regulation 68 of S.I. 2009/1804. By virtue of article 6 of S.I. 2009/317, the references in section 1102 to the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989 are to be read as including a reference to Parts 2 and 3 of the Banking Act 2009.

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