The Companies (Fees) (Amendment) Regulations 1994

Statutory Instruments

1994 No. 2217

COMPANIES

The Companies (Fees) (Amendment) Regulations 1994

Made

23rd August 1994

Laid before Parliament

30th August 1994

Coming into force

20th September 1994

The Secretary of State, in exercise of the powers conferred on him by section 708 of the Companies Act 1985(1), hereby makes the following Regulations:

1.  These Regulations may be cited as the Companies (Fees) (Amendment) Regulations 1994 and shall come into force on 20th September 1994.

2.  In these Regulations, “the 1991 Regulations” means the Companies (Fees) Regulations 1991(2).

3.  The Schedule to the 1991 Regulations is amended by:

(a) substituting, in respect of the entries in the first column listed below, the sums set out below in relation to these entries for the sums specified in relation to those entries in the second column of the Schedule to the 1991 Regulations as follows:

(i) entry 1	£20.00
(ii) entry 1A	£20.00
(iii) entry 2	£18.00
(iv) entry 3	£20.00;

(b) deleting entry 3A in the first column of the Schedule to the 1991 Regulations and the sum specified in relation to that entry in the second column of those Regulations; and

(c) deleting the words “or copy annual return” in entry 2 in the first column of the Schedule to the 1991 Regulations.

4.—(1) The fees prescribed by regulation 3 above (other than the fee specified in paragraph (2) below) apply to any registration, re-registration or entering on the register in respect of which every document necessary for the registrar of companies to effect such an act is delivered to the registrar on or after 1st October 1994.

(2) The fee prescribed in relation to entry 2 by regulation 3 above in respect of the registration of an annual return applies to any annual return which the company—

(a) is required to deliver to the registrar made up to a date not later than a return date occurring on or after 1st October 1994; and

(b) which is delivered on or after 20th September 1994.

(3) For the purposes of paragraph (2) above a “return date” in relation to any company is ascertained in accordance with section 363(1) of the Companies Act 1985(3).

Neil Hamilton

Parliamentary Under-Secretary of State for Corporate Affairs

Department of Trade and Industry

23rd August 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Companies (Fees) Regulations 1991, as amended by the Companies (Fees) (Amendment) Regulations 1992 which require the payment of fees in respect of functions performed by the registrar of companies under the Companies Act 1985.

Regulation 3 amends those Regulations by:

(1) reducing the fees applicable in respect of:

(i) the registration of a company, on its formation under the Companies Act 1985, or in pursuance of Chapter II of Part XXII of that Act, or for its re-registration under that Act;

(ii) the registration of the particulars required by section 691 of or paragraph 1 of Schedule 21A to the Companies Act 1985 in respect of the establishment of a place of business or a branch of an oversea company; and

(iii) the entering on the register of the name assumed by a company by virtue of a special resolution under section 28 of the Companies Act 1985;

from £50.00 to £20.00;

(2) reducing the fees applicable in respect of:

(i) the registration of an annual return; and

(ii) the registration of copy accounts of an oversea company,

from £32.00 to £18.00;

(3) abolishing the fee applicable in respect of the registration or re-registration of a name under which an oversea company proposes to carry on business in Great Britain; and

(4) removing, in respect of the fee applicable to annual returns, an obsolete reference to “copy annual returns”.

Regulation 4 applies the new fees (with the exception of the fees for the delivery of an annual return) to any registration, re-registration or entering on the register where all the relevant documents are delivered to the registrar on or after 1st October 1994. In relation to annual returns the new fee is applied to all annual returns which are made up to a date not later than a return date (ascertained for each company in accordance with section 363(1) of the Companies Act 1985) on or after 1st October 1994 and which are delivered on or after 20th September 1994.

(1)

1985 c. 6; section 708(1) has been amended by sections 127(2) and 212 of, and by Schedule 24 to, the Companies Act 1989 (c. 40).

(2)

S.I. 1991/1206, as amended by S.I. 1992/2876.

(3)

Section 363 was substituted by section 139 of the Companies Act 1989.