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Version Superseded: 26/10/2023
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Companies Act 2006, Section 68 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The following provisions have effect in relation to a direction under section 67 (power to direct change of name in case of similarity to existing name).
(2)Any such direction—
(a)must be given within twelve months of the company's registration by the name in question, and
(b)must specify the period within which the company is to change its name.
(3)The Secretary of State may by a further direction extend that period.
Any such direction must be given before the end of the period for the time being specified.
(4)A direction under section 67 or this section must be in writing.
(5)If a company fails to comply with the direction, an offence is committed by—
(a)the company, and
(b)every officer of the company who is in default.
For this purpose a shadow director is treated as an officer of the company.
(6)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.
Modifications etc. (not altering text)
C1S. 68 applied (with modifications) by S.I. 1989/638, reg. 11(1A)(1B) (as inserted (1.10.2009) by The European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399), reg. 14(3) (with reg. 2))
C2Ss. 66-68 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 11 (with Sch. 1 paras. 3, 34, 35) (as amended (31.1.2015) by S.I. 2015/17, reg. 1(1), Sch. 5 para. 4); and (4.3.2024) by S.I. 2024/234, regs. 1(2), 9(3))
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