The Companies (Tables A to F) (Amendment No. 2) Regulations (Northern Ireland) 2007

These Regulations have been made in consequence of defects in S.R. 2007 No. 394 and are being issued free of charge to known recipients of those Regulations

Statutory Rules of Northern Ireland

2007 No. 425

COMPANIES

The Companies (Tables A to F) (Amendment No. 2) Regulations (Northern Ireland) 2007

Made

3rd October 2007

Coming into operation

4th October 2007

The Department of Enterprise, Trade and Investment(1), in exercise of the powers conferred by Articles 14, 19 and 681 of the Companies (Northern Ireland) Order 1986(2) makes the following Regulations:

Citation, commencement and interpretation

1.  These Regulations may be cited as the Companies (Tables A to F) (Amendment No. 2) Regulations (Northern Ireland) 2007 and come into operation on 4th October 2007.

2.  In these Regulations, references to Table A are to Table A in the Companies (Tables A to F) Regulations (Northern Ireland) 1986(3).

Amendments applicable to Table A

3.—(1) Table A is amended as follows.

(2) Regulation 50 (proceedings at general meetings) ceases to have effect.

(3) In regulation 54 (votes of members)—

(a) after the words “is present in person” insert the words “or by proxy”.

(b) after the words “is present by a duly authorised representative” insert the words “or by proxy”.

(c) Omit the words “not being” and insert the words “unless the proxy (in either case) or the representative is”.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 3rd October 2007

M Bohill

A senior officer of the Department of Enterprise, Trade and Investment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Companies (Tables A to F) Regulations (Northern Ireland) 1986 and apply to a company registered on or after 4th October 2007 which adopts Table A as Articles of Association.

Regulation 3 omits regulation 50 from Table A as it conflicts with sections 281 and 282 of the Companies Act 2006 (c.46) and amends regulation 54 to reflect the new rights for proxies to vote on a show of hands provided by sections 284(2)(b) and 324(1) of the 2006 Act. As is already the case with representatives of corporate members, a proxy (of either an individual or a corporate member) who is also a member in his own right may vote only once on a show of hands.

An informal Keeling schedule to accompany these Regulations is available on the Department’s Companies Registry website.

An impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.

(1)

Formerly the Department of Economic Development: see S.I. 1999/283 (N.I. 1) Article 3(5)

(2)

S.I. 1986/1032 (N.I. 6)

(3)

S.R. 1986 No. 264, as amended by S.R. 2003 No. 3 and S.R. 2007 No. 394