The Companies (Forms) (Amendment) Regulations (Northern Ireland) 1993

Statutory Rules of Northern Ireland

1993 No. 200

COMPANIES

The Companies (Forms) (Amendment) Regulations (Northern Ireland) 1993

Made

19th April 1993

Coming into operation

8th June 1993

The Department of Economic Development in exercise of the powers conferred on it by the statutory provisions specified in Schedule 1, and of every other power enabling it in that behalf, hereby makes the following Regulations:

1.  These Regulations may be cited as the Companies (Forms) (Amendment) Regulations (Northern Ireland) 1993, and shall come into operation on 8th June 1993.

2.  In these Regulations—

“the 1986 Order” means the Companies (Northern Ireland) Order 1986(1);

“the 1986 Regulations” means the Companies (Forms) Regulations (Northern Ireland) 1986(2).

3.  For the purpose of paragraphs 5(b), 6(1)(b) and 7(1) of Schedule 20A, paragraphs 2(b), 3(b) and 11(2) of Schedule 20C, and paragraphs 2(4) and 10(2) of Schedule 20D to the 1986 Order, a translation of a document into English shall be certified to be a correct translation—

(a) if the translation was made in the United Kingdom, by

(i) a notary public in any part of the United Kingdom;

(ii) a solicitor (if the translation was made in Scotland), a solicitor of the Supreme Court of Judicature of England and Wales (if it was made in England or Wales), or a solicitor of the Supreme Court of Judicature of Northern Ireland (if it was made in Northern Ireland); or

(iii) a person certified by a person mentioned in heads (i) and (ii) to be known to him to be competent to translate the document into English; or

(b) if the translation was made outside the United Kingdom, by

(i) a notary public;

(ii) a person authorised in the place where the translation was made to administer an oath;

(iii) any of the British officials mentioned in section 6 of the Commissioners for Oaths Act 1889; or

(iv) a person certified by a person mentioned in heads (i) to (iii) to be known to him to be competent to translate the document into English.

4.—(1) The forms set out in Schedule 2, with such variation as circumstances require, are the forms prescribed for the purpose of the provisions of the 1986 Order which are referred to in those forms.

(2) The particulars contained in the forms listed in Schedule 3 are the particulars prescribed for the purpose of the provisions of the 1986 Order which are referred to in those forms.

5.—(1) Forms 641, 644A and 644B in Schedule 3 of the 1986 Regulations are revoked except to the extent specified in paragraph (2).

(2) Notwithstanding paragraph (1) or regulation 4(1), Form 641 in Schedule 3 to the 1986 Regulations may continue to be used in relation to a return and declaration delivered for registration of a place of business of a Part XXIII company made before 8th June 1994.

(3) Notwithstanding paragraph (1) or regulation 4(1), Forms 644A and 644B in Schedule 3 to the 1986 Regulations may continue to be used in relation to a return of a statement of name under which a Part XXIII company proposes to carry on business in Northern Ireland made before 8th June 1994.

Sealed with the Official Seal of the Department of Economic Development on 19th April 1993.

L.S.

A. L. Brown

Assistant Secretary

SCHEDULE 1

The Companies (Northern Ireland) Order 1986:—

• Article 2; 641; 644(4)(a) and (b); 6520(1), (3) and (5); and 652P(1)(3); and 681(1).

• Schedule 20A, paragraphs 1(1), 7(1) and 8(2)(4)

Regulation 4(1)

SCHEDULE 2 Prescribed Forms

Regulation 4(2)

SCHEDULE 3 Prescribed Particulars in Prescribed Forms

Forms BR2; BR3; BR4; BR5; and BR6

Explanatory Note

(This note is not part of the Regulations.)

These Regulations prescribe forms to be used in filing particulars with the registrar of companies in connection with the new regime for the registration of branches of Part XXIII companies, introduced by the Part XXIII Companies and Credit and Financial Institutions (Branch Disclosure) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 198).

These also prescribe amended forms (Forms 641, 644(4)(a) and 644(4)(b)) in connection with the registration of a place of business of a Part XXIII company pursuant to Article 641, and the registration of names of Part XXIII Companies. There is, however, a transitional provision permitting the continued use of the existing forms for a period of 12 months following the commencement of these regulations.

The Regulations also provide how certain translations of documents, required to be filed with the registrar of companies in respect of the branches of Part XXIII companies, are to be certified.

(1)

S. I. 1986/1032 (N.I. 6), a relevant amending Statutory Rule being the Part XXIII Companies and Credit and Financial Institutions (Branch Disclosure) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 198)

(2)

S.R. 1986 No. 287, a relevant amending Statutory Rule being S.R. 1991 No. 399

(3)

Articles 652O and 652P were inserted into the Companies (Northern Ireland) Order 1986 by paragraph 18 of Schedule 2 to the Part XXIII Companies and Credit and Financial Institutions (Branch Disclosure) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 198)

(4)

Schedule 20A was inserted into the Companies (Northern Ireland) Order 1986 by paragraph 3 of Schedule 2 to the Part XXIII Companies and Credit and Financial Institutions (Branch Disclosure) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 198)