F1PART 21AInformation about people with significant control

Annotations:
Amendments (Textual)
F1

Pt. 21A inserted (26.5.2015 for specified purposes, 6.4.2016 except for the insertion of ss. 790M(9)(c), 790W-790ZE and 30.6.2016 so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 1; S.I. 2015/1329, reg. 3(a); S.I. 2015/2029, regs. 4(a), 5(a)

CHAPTER 4Alternative method of record-keeping

C1790ZCPower of court to order company to remedy default or delay

1

This section applies if—

a

the name of a person is without sufficient cause included in, or omitted from, information that a company delivers to the registrar under this Chapter concerning persons who are a registrable person or a registrable relevant legal entity in relation to the company, or

b

default is made or unnecessary delay takes place in informing the registrar under this Chapter that a person—

i

has become a registrable person or a registrable relevant legal entity in relation to the company, or

ii

has ceased to be a registrable person or a registrable relevant legal entity in relation to it.

2

The person aggrieved, or any other interested party, may apply to the court for an order requiring the company to deliver to the registrar the information (or statements) necessary to rectify the position.

3

The court may either refuse the application or may make the order and order the company to pay any damages sustained by any party aggrieved.

4

On such an application the court may decide—

a

any question as to whether the name of any person who is a party to the application should or should not be included in or omitted from information delivered to the registrar under this Chapter about persons who are a registrable person or a registrable relevant legal entity in relation to the company, and

b

any question necessary or expedient to be decided for rectifying the position.

5

Nothing in this section affects a person's rights under section 1095 or 1096 (rectification of register on application to registrar or under court order).

6

The reference in this section to “any other interested party” is to—

a

any member of the company, and

b

any other person who is a registrable person or a registrable relevant legal entity in relation to the company.