The European Economic Interest Grouping and European Public Limited-Liability Company (Amendment) Regulations 2014

Amendment of the European Public Limited-Liability Company Regulations 2004

15.  For regulation 8(1) substitute—

“Registration of an SE by the transformation of a public company in accordance with Article 2(4)

8.— (1) Where it is proposed to register an SE by the transformation of a public company in accordance with Article 2(4), there must be delivered to the registrar an application for registration together with—

(a) a copy of the statutes of the proposed SE;

(b) a copy of the report explaining and justifying the legal and economic aspects of the conversion in accordance with Article 37(4);

(c) copies of the certificates made in accordance with Article 37(6);

(d) a copy of the resolution approving the draft statutes and draft terms of conversion to SE of the public company in accordance with Article 37(7); and

(e) a statement of compliance (see regulation 11A).

(2) The application must state—

(a) the public company’s registered number and name;

(b) the date on which the certificate was prepared in accordance with Article 37(6); and

(c) the date on which the general meeting of the public company approved the draft terms of conversion in accordance with Article 37(7).

(3) The application must also contain —

(a) a statement of the SE’s name and registered office address (see regulation 10A);

(b) a statement of its proposed members (see regulation 10B);

(c) a statement of subscribed capital (see regulation 10C); and

(d) an employee involvement statement (see regulation 10D) made—

(i) in the case of a statement under paragraph 10D(2), on behalf of the special negotiating body and by a director of the public company; or

(ii) in the case of a statement under paragraph 10D(3), by a director of the public company.”

(1)

Regulation 8 was amended by regulation 9 of S.I. 2009/2400.