The Companies (Forms) (Amendment) Regulations 2002

Statutory Instruments

2002 No. 691

COMPANIES

The Companies (Forms) (Amendment) Regulations 2002

Made

7th March 2002

Coming into force

2nd April 2002

The Secretary of State, in exercise of the powers conferred on her by sections 10(2), 288(2), 363(2), 691(1)(b), 692(1), and 744(1) and paragraphs 1, 4A(d), 7(1), 9(1)(b), 9(2) and 9(4) of Schedule 21A of the Companies Act 1985(2), and of all other powers enabling her in that behalf, hereby makes the following Regulations:

1.—(1) These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 2002 and shall come into force on 2nd April 2002.

(2) In these Regulations, references to a numbered section or paragraph are to a section of the Companies Act 1985.

2.—(1) Forms 10, 288a and 288c, and 363a in the Schedule to these Regulations, with such variations as circumstances require, are forms prescribed for the purposes of sections 10(2), 288(2) and 363(2) respectively.

(2) Forms 691 and 692(1)(b) in the Schedule to these Regulations, with such variations as circumstances require, are forms prescribed for the purposes of sections 691(1)(b), 692(1) and 692(1B) respectively.

(3) Form BR1 in the Schedule to these Regulations, with such variations as circumstances require, is a form prescribed for the purposes of paragraph 1 of Schedule 21A.

(4) Forms BR4 and BR6 in the Schedule to these Regulations, with such variations as circumstances require, are each a form prescribed for the purposes of both paragraph 7(1) and paragraph 9(2) of Schedule 21A.

(5) Form 723SR, with such variations as circumstances require, is a form prescribed for the purposes of sections 10(2A), 288(2), 691(5)(c) and 692(1A)(b) and of paragraphs 4A(d) and 9(1)(b) of Schedule 21A.

(6) Form 723(change), with such variations as circumstances require, is a form prescribed for the purposes of sections 288(2), 692(1C) and paragraph 9(4) of Schedule 21A.

(7) Form 363s in the Schedule to these Regulations, with such variations as circumstances require, is a form prescribed for the purposes of section 363(2), where the form has been delivered to a company by the registrar for the purposes of an annual return by that company.

3.  Notwithstanding Regulation 2, the following forms shall remain in use as alternatives to the forms in the Schedule to these Regulations, save that the forms referred to in Regulation 2 must be used where the director of a company in question is the beneficiary of a Confidentiality Order made under section 723B of the Companies Act 1985—

(a) form 10 in Schedule 2 to the Companies (Forms) (Amendment) Regulations 1995(3),

(b) forms 288a, 288c, 363a and 363s in the Schedule to the Companies (Forms) (Amendment) Regulations 1999(4),

(c) forms 691, BR1, BR4 and BR6 in Schedule 2 to the Companies (Forms) (Amendment) Regulations 1992(5), and

(d) form 692(1)(b) in Schedule 2 to the Companies (Forms Amendment No. 2 and Company’s Type and Principal Business Activities) Regulations 1990(6).

J. S. Holden,

for Secretary of State,

Department of Trade and Industry

7 March 2002

SCHEDULE

Explanatory Note

(This note is not part of the Regulations)

With effect from 2nd April 2002, these Regulations

(i) create a new form 723SR for the purposes of both section 10(2A) and section 288(2) of the Companies Act 1985 and a new form 723(change) for the purposes of section 288(2),

(ii) prescribe amended forms as follows:

(a) forms 10, 288a and 288c, and 363a for the purposes of sections 10(2), 288(2) and 363(2) of the Companies Act 1985 respectively,

(b) forms 691 and 692(1)(b) for the purposes of sections 691(1)(b), and 692(1) and 692(1B) of the Companies Act 1985 respectively,

(c) form BR1 for the purpose of paragraph 1 of Schedule 21A to the Companies Act 1985, and

(d) forms BR4 and BR6 for the purposes of both paragraph 7(1) and paragraph 9(2) of Schedule 21A to the Companies Act 1985;

(iii) provide for the continued use as alternatives to the forms referred to in paragraphs (i) and (ii) of the following forms: form 10 (prescribed by the Companies (Forms) (Amendment) Regulations 1995), forms 363a and 363s (prescribed by the Companies (Forms) (Amendment) Regulations 1999), forms 691, BR1, BR4 and BR6 (prescribed by the Companies (Forms) (Amendment) Regulations 1992), and form 692(1)(b) (prescribed by the Companies (Forms Amendment No. 2 and Company’s Type and Principal Business Activities) Regulations 1990).

The forms referred to in paragraph (i) above allow directors who have obtained a Confidentiality Order under section 723B(3) of the Companies Act 1985 and The Companies (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002 to notify, respectively, particulars of their usual residential address and particulars of a change in their usual residential address. This information will then be held in the secure register to be maintained under the Regulations.

The amended forms referred to in paragraph (ii) take account of the fact that a director who has obtained a Confidentiality Order may, in accordance with the Regulations, on those forms give particulars of a service address rather than of a usual residential address. These forms must be used where the director of a company is the beneficiary of a Confidentiality Order made under section 723B of the Companies Act 1985.

The forms referred to in paragraph (iii) are retained as alternatives which may be used in all circumstances except where the director of a company or member of a limited liability partnership in question is the beneficiary of a Confidentiality Order made under section 723B of the Companies Act 1985.

(1)

See the definition of “prescribed” in section 744.

(2)

1985 c. 6; section 363 was substituted by section 139(1) of the Companies Act 1989 (c. 40).

(3)

S.I. 1995/736.

(4)

S.I. 1999/2356.

(5)

S.I. 1992/3006.

(6)

S.I. 1990/1766.