Companies Act 2006

1068 Registrar's requirements as to form, authentication and manner of delivery U.K.

(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).

(5) The registrar must secure that as from 1st January 2007 all documents subject to the Directive disclosure requirements (see section 1078) may be delivered to the registrar by electronic means.

(6) The power conferred by this section does not authorise the registrar to require documents to be delivered by electronic means (see section 1069).

[F2 (6A) But the power conferred by this section does authorise the registrar to require any document permitted or required to be delivered to the registrar under Chapter 2A of Part 8 (option to keep membership information on central register) to be delivered by electronic means.]

(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.

Textual Amendments

F1 S. 1068(3)(c) substituted (1.10.2009) by The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1802), art. 6

F2 S. 1068(6A) inserted (30.6.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 5 para. 30; S.I. 2016/321, reg. 6(c)

Modifications etc. (not altering text)

C1 S. 1068 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 19(4)(a)}

C2 S. 1068 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 12(6)(a)}

C3 Ss. 1068-1071 applied (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 60, 83, Sch. 1 para. 27

C4 Ss. 1068-1071 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 17(2)(b) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

Commencement Information

I1 S. 1068 wholly in force at 1.10.2009; s. 1068 not in force at Royal Assent, see s. 1300; s. 1068(5) wholly in force and s. 1068(1)-(4)(6)(7) in force for specified purposes at 1.1.2007 by S.I. 2006/3428, art. 2 (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); and for certain further purposes at 15.12.2007 by S.I. 2007/2194, art. 4(1) (with art. 12) (as amended by S.I. 2007/2974, reg. 4(5)); s. 1068 otherwise in force at 1.10.2009 by S.I. 2008/2860, art. 3(r) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)