The Companies (No. 2) (Northern Ireland) Order 1990

Rights of inspection and related matters N.I.

77.— [F1 (1) In Part XXV of the Companies Order (miscellaneous and supplementary provisions), after Article 672 insert—

“Obligations of company as to inspection of registers, &c.

672A.— (1) The Department may make provision by regulations as to the obligations of a company which is required by any provision of this Order—

(a) to make available for inspection any register, index or document, or

(b) to provide copies of any such register, index or document, or part of it;

and a company which fails to comply with the regulations shall be deemed to have refused inspection or, as the case may be, to have failed to provide a copy.

(2) The regulations may make provision as to the time, duration and manner of inspection, including the circumstances in which and extent to which the copying of information is permitted in the course of inspection.

(3) The regulations may define what may be required of the company as regards the nature, extent and manner of extracting or presenting any information for the purposes of inspection or the provision of copies.

(4) Where there is power to charge a fee, the regulations may make provision as to the amount of the fee and the basis of its calculation.

(5) Nothing in any provision of this Order or in the regulations shall be construed as preventing a company from affording more extensive facilities than are required by the regulations or, where a fee may be charged, from charging a lesser fee than that prescribed or no fee at all.”.

(2) In Article 179(5) of the Companies Order (contract for purchase by company of its own shares), omit the words from “, during business hours” to “for inspection)”.

(3) In Article 185(5) of the Companies Order (statutory declaration and auditors' report relating to payment out of capital), in sub-paragraph (b) omit the words from “during business hours” to “period”.

(4) In Article 200 of the Companies Order (register of debenture holders)—

(a) in paragraph (1), omit the words from “(but” to “for inspection)” and for the words from “a fee of 5 pence” to the end substitute “ such fee as may be prescribed ”;

(b) in paragraph (2) for the words from “10 pence” to the end substitute “ such fee as may be prescribed ”; and

(c) in paragraph (3), after “on payment” insert “ of such fee as may be prescribed ” and omit sub-paragraphs (a) and (b).

(5) In Article 227 of the Companies Order (register of interests in shares, &c.)—

(a) in paragraph (1), omit the words from “during” to “for inspection)”; and

(b) in paragraph (2) for the words from “10 pence” to “required to be copied” substitute “ such fee as may be prescribed ”.

(6) In Article 296 of the Companies Order (register of directors and secretaries), in paragraph (3), omit the words from “during” to “for inspection)” and for the words from “5 pence” to the end substitute “ such fee as may be prescribed ”.

(7) In Article 326 of the Companies Order (directors' service contracts), in paragraph (7) omit the words from “, during business hours” to “for inspection)”.

(8) In Article 364 of the Companies Order (register and index of members' names)—

(a) in paragraph (1), omit “during business hours” and for “the appropriate charge” substitute “ such fee as may be prescribed ”;

(b) omit paragraph (2);

(c) in paragraph (3) for “the appropriate charge” substitute “ such fee as may be prescribed ”; and

(d) omit paragraph (4).

(9) In Article 391 of the Companies Order (minutes of proceedings of general meetings)—

(a) in paragraph (1), omit “during business hours”;

(b) omit paragraph (2); and

(c) in paragraph (3), after “entitled” insert “ on payment of such fee as may be prescribed ” and omit the words from “at a charge” to the end.

(10) In Part IV of Schedule 13 to the Companies Order (register of directors' interests)—

(a) in paragraph 24, omit the words from “during” to “for inspection)” and for the words from “5 pence” to the end substitute “ such fee as may be prescribed ”; and

(b) in paragraph 25(1), for the words from “10 pence” to the end substitute “ such fee as may be prescribed ”.

(11) In Schedule 21 to the Companies Order (provisions applying to unregistered companies), in the entry relating to Part XXV at the appropriate place insert—

“Article 672A

Rights of inspection and related matters.

To apply only so far as this provision has effect in relation to provisions applying by virtue of the foregoing provisions of this Schedule.” .]

F1 Art. 77 repealed (20.01.2007 for art. 77(10) and otherwise prosp.) by Companies Act 2006 (c. 46), ss. 1295, 1300(2), Sch. 16; S.I. 2006/3428, art. 7(b), Sch. 3 Pt. 2 (with arts. 6, 8, Sch. 5)