Part 37 U.K. Companies: supplementary provisions

Modifications etc. (not altering text)

C1 Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2

Notice of appointment of certain officers U.K.

1154 Duty to notify registrar of certain appointments etc U.K.

(1) Notice must be given to the registrar of the appointment in relation to a company of—

(a) a judicial factor (in Scotland),

(b) [F1 an interim manager] appointed under [F2 section 76 of the Charities Act 2011], or

(c) a manager appointed under section 47 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27).

(2) The notice must be given—

(a) in the case of appointment of a judicial factor, by the judicial factor;

(b) in the case of appointment of [F1 an interim manager] under [F2 section 76 of the Charities Act 2011][F3 or section 33 of the Charities Act (Northern Ireland) 2008] , by the Charity Commission;

[F4 (bb) in the case of appointment of a receiver or manager under section 33 of the Charities Act (Northern Ireland) 2008, by the Charity Commission for Northern Ireland;]

(c) in the case of appointment of a manager under section 47 of the Companies (Audit, Investigations and Community Enterprise) Act 2004, by the Regulator of Community Interest Companies.

(3) The notice must specify an address at which service of documents (including legal process) may be effected on the person appointed.

Notice of a change in the address for service may be given to the registrar by the person appointed.

(4) Where notice has been given under this section of the appointment of a person, notice must also be given to the registrar of the termination of the appointment.

This notice must be given by the person specified in subsection (2).

Textual Amendments

F1 Words in s. 1154(1)(b)(2)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 260(7)(b) (with art. 10)

F2 Words in s. 1154(1)(b)(2)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), ss. 354, 355, Sch. 7 para. 115(b) (with s. 20(2), Sch. 8)

F3 Words in s. 1154(1)(b) inserted (N.I) (18.2.2011) by Charities Act (Northern Ireland) 2008 (c. 12) , ss. 183, 185, {Sch. 8 para. 13(4)}; S.R. 2011/11, art. 2, Sch.

F4 S. 1154(2)(bb) inserted (N.I) (18.2.2011) by Charities Act (Northern Ireland) 2008 (c. 12), ss. 183, 185, Sch. 8 para. 13(5); S.R. 2011/11, art. 2, Sch.

Modifications etc. (not altering text)

C2 S. 1154 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 76

1155 Offence of failure to give notice U.K.

(1) If a judicial factor fails to give notice of his appointment in accordance with section 1154 within the period of 14 days after the appointment he commits an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

Modifications etc. (not altering text)

C3 S. 1155 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 76