Part 35The registrar of companies
Delivery of documents to the registrar
1068Registrar's requirements as to form, authentication and manner of delivery
(1)
The registrar may impose requirements as to the form, authentication and manner of delivery of documents required or authorised to be delivered to the registrar under any enactment.
(2)
As regards the form of the document, the registrar may—
(a)
require the contents of the document to be in a standard form;
(b)
impose requirements for the purpose of enabling the document to be scanned or copied.
(3)
As regards authentication, the registrar may—
(a)
require the document to be authenticated by a particular person or a person of a particular description;
(b)
specify the means of authentication;
F1(c)
require the document to contain or be accompanied by the name or registered number (or both) of the company (or other body) to which it relates.
(4)
As regards the manner of delivery, the registrar may specify requirements as to—
(a)
the physical form of the document (for example, hard copy or electronic form);
(b)
the means to be used for delivering the document (for example, by post or electronic means);
(c)
the address to which the document is to be sent;
(d)
in the case of a document to be delivered by electronic means, the hardware and software to be used, and technical specifications (for example, matters relating to protocol, security, anti-virus protection or encryption).
F2(4A)
Any requirements under subsection (4)(b) to (d) must be imposed by means of registrar’s rules.
F3(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(6A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
Requirements imposed under this section must not be inconsistent with requirements imposed by any enactment with respect to the form, authentication or manner of delivery of the document concerned.
F41068ARegistrar’s rules requiring documents to be delivered together
(1)
Registrar’s rules may provide for circumstances where—
(a)
a person who is required to deliver two or more documents to the registrar must deliver them together;
(b)
a person who wishes to deliver two or more documents authorised to be delivered to the registrar is required to deliver them together (so that, for example, if one document is delivered on its own, the others cannot be delivered on a later occasion);
(c)
a person who wishes to deliver one or more documents authorised to be delivered to the registrar is required to deliver them together with one or more documents that the person is required to deliver to the registrar (so that, for example, if a document that is required to be delivered has been delivered on its own, the documents that are authorised to be delivered cannot be delivered on a later occasion).
(2)
Provision may not be made under subsection (1)(a) that would have the effect of requiring any document to be delivered earlier than it would otherwise be required to be delivered.
F51069Power to require delivery by electronic means
(1)
The Secretary of State may make regulations requiring documents that are authorised or required to be delivered to the registrar to be delivered by electronic means.
(2)
Any such requirement to deliver documents by electronic means is effective only if registrar's rules have been published with respect to the detailed requirements for such delivery.
(3)
Regulations under this section are subject to affirmative resolution procedure.
1070Agreement for delivery by electronic means
(1)
The registrar may agree with a company F6(or other body) that documents relating to the company F6(or other body) that are required or authorised to be delivered to the registrar—
(a)
will be delivered by electronic means, except as provided for in the agreement, and
(b)
will conform to such requirements as may be specified in the agreement or specified by the registrar in accordance with the agreement.
(2)
An agreement under this section may relate to all or any description of documents to be delivered to the registrar.
(3)
Documents in relation to which an agreement is in force under this section must be delivered in accordance with the agreement.
1071Document not delivered until received
(1)
A document is not delivered to the registrar until it is received by the registrar.
(2)
Provision may be made by registrar's rules as to when a document is to be regarded as received.