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

Cross-Border Insolvency Regulations 2006 (S.I. 2006/1030) U.K.

264.—(1) The Cross-Border Insolvency Regulations 2006 are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), after paragraph (2) insert—

“(3) In these Regulations “overseas company” has the meaning given by section 1044 of the Companies Act 2006 and “establishment”, in relation to such a company, has the same meaning as in the Overseas Companies Regulations 2009.”.

(3) In Schedule 2 (procedural matters in England and Wales)—

(a) in paragraph 1(1) (interpretation), for the definition of “relevant company” substitute—

““relevant company” means a company that is—

(a)

registered under the Companies Act 2006,

(b)

subject to a requirement imposed by regulations under section 1043 of that Act 2006 (unregistered UK companies) to deliver any documents to the registrar of companies, or

(c)

subject to a requirement imposed by regulations under section 1046 of that Act (overseas companies) to deliver any documents to the registrar of companies;”;

(b) in paragraph 3(e) (matters to be stated in application for recognition of foreign proceedings: company's registered number), for “the Companies Act 1985” substitute “ the Companies Act 2006 ”;

(c) in paragraph 25(1)(b) (persons entitled to appear or be represented at hearing), for sub-paragraph (i) substitute—

“(i) where applicable, any person specified in particulars registered under section 1046 of the Companies Act 2006 (overseas companies) as authorised to represent the debtor;”;

(d) in paragraph 46(1)(g) (persons entitled to inspect court file), for sub-paragraph (iii) substitute—

“(iii) where applicable, any person specified in particulars registered under section 1046 of the Companies Act 2006 (overseas companies) as authorised to represent the debtor;”.

(4) In Schedule 3 (procedural matters in Scotland)—

(a) in paragraph 1(1) (interpretation), for the definition of “relevant company” substitute—

““relevant company” means a company that is—

(a)

registered under the Companies Act 2006,

(b)

subject to a requirement imposed by regulations under section 1043 of that Act (unregistered UK companies) to deliver any documents to the registrar of companies, or

(c)

subject to a requirement imposed by regulations under section 1046 of that Act (overseas companies) to deliver any documents to the registrar of companies;”;

(b) in paragraph 6(1)(b) (persons entitled to appear or be represented at hearing), for sub-paragraph (i) substitute—

“(i) where applicable, any person specified in particulars registered under section 1046 of the Companies Act 2006 (overseas companies) as authorised to represent the debtor;”;

(c) in paragraph 9(1)(g) (persons entitled to inspect court process), for sub-paragraph (iii) substitute—

“(iii) where applicable, any person specified in particulars registered under section 1046 of the Companies Act 2006 (overseas companies) as authorised to represent the debtor;”.

(5) In Schedule 4 (notices to be delivered to registrar of companies)—

(a) in paragraph 1(1) (interpretation), omit the definition of “the 1985 Act”;

(b) omit paragraph 3 (registrar to whom notices to be delivered).

(6) In Schedule 5 (forms)—

(a) in Form ML1, for item 4 and notes (i) to (k) substitute—

“(i) Insert date of incorporation	4 The debtor is registered under the Companies Act 2006 and was incorporated on (i) ........................................................................................
(j) Insert registered number	The registered number of the debtor is (j) ....................................................
	OR
(k) If the debtor is an overseas company having one or more establishments in the United Kingdom include applicable statement(s) and insert required details	(k) The debtor is an overseas company that has one or more establishments in the United Kingdom. The registered numbers of the establishment(s) are ..................................... .......................................................................................................................
	OR
	The debtor is not registered under the Companies Act 2006 nor is it an overseas company having one or more establishments in the United Kingdom.”

(b) in Form ML7, for the item relating to branches of oversea companies (and note (d)) substitute—

“(d) If the debtor is an overseas company with establishments in the United Kingdom, please complete requested details of establishments. If this form is delivered in respect of more than one establishment, the establishment number and name (where different) must be given for each establishment	(d) This return is delivered in respect of all the establishments listed below
	Registration number	Establishment name”