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The European Public Limited-Liability Company Regulations 2004
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- UK Statutory Instruments
- 2004 No. 2326
- PART 2
- Regulation 8
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Version Superseded: 31/12/2020
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[F1Registration of an SE by the transformation of a public company in accordance with Article 2(4)E+W+S
This section has no associated Explanatory Memorandum
8.—(1) Where it is proposed to register an SE by the transformation of a public company in accordance with Article 2(4), there must be delivered to the registrar an application for registration together with—
(a)a copy of the statutes of the proposed SE;
(b)a copy of the report explaining and justifying the legal and economic aspects of the conversion in accordance with Article 37(4);
(c)copies of the certificates made in accordance with Article 37(6);
(d)a copy of the resolution approving the draft statutes and draft terms of conversion to SE of the public company in accordance with Article 37(7); and
(e)a statement of compliance (see regulation 11A).
(2) The application must state—
(a)the public company’s registered number and name;
(b)the date on which the certificate was prepared in accordance with Article 37(6); and
(c)the date on which the general meeting of the public company approved the draft terms of conversion in accordance with Article 37(7).
(3) The application must also contain —
(a)a statement of the SE’s name and registered office address (see regulation 10A);
(b)a statement of its proposed members (see regulation 10B);
(c)a statement of subscribed capital (see regulation 10C); F2...
(d)an employee involvement statement (see regulation 10D) made—
(i)in the case of a statement under paragraph 10D(2), on behalf of the special negotiating body and by a director of the public company; or
(ii)in the case of a statement under paragraph 10D(3), by a director of the public [F3company; and
(e)a statement of initial significant control (see section 12A of the 2006 Act).]]
Textual Amendments
F1Reg. 8 substituted (1.10.2014) by The European Economic Interest Grouping and European Public Limited-Liability Company (Amendment) Regulations 2014 (S.I. 2014/2382), regs. 1, 15
F2Word in reg. 8(3)(c) omitted (30.6.2016) by virtue of The European Public Limited-Liability Company (Register of People with Significant Control) Regulations 2016 (S.I. 2016/375), regs. 1(2), 3(5)(a)
F3Words in reg. 8(3) substituted (30.6.2016) by The European Public Limited-Liability Company (Register of People with Significant Control) Regulations 2016 (S.I. 2016/375), regs. 1(2), 3(5)(b)
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