The European Grouping of Territorial Cooperation Regulations 2007

Regulations 6 and 7

SCHEDULE

PART 1 MODIFICATIONS TO PART 7 OF THE COMPANIES ACT 1985

1.  In this Part of this Schedule, references to section numbers are to those in the 1985 Act.

2.  In section 224 (accounting reference periods and accounting reference date) the references to “incorporated” and “incorporation” shall have effect as references to the publication in the Gazette of the statutes of a UK EGTC pursuant to these Regulations.

3.  Section 225 (alteration of accounting reference date) does not apply.

4.  Subsections (2) and (6) of section 245B (application to court in respect of defective accounts or reports) do not apply.

5.  Section 249A (exemptions from audit) does not apply.

PART 2 MODIFICATIONS TO THE INSOLVENCY ACT 1986 AND THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989

6.  Sections 117(2) to (5) (county court jurisdiction), 118 (proceedings taken in the wrong court), 119 (proceedings in county court) and 120(3) and (5) (sheriff court jurisdiction) of the 1986 Act do not apply.

7.  In section 221(1) of the 1986 Act and article 185(1) of the 1989 Order (winding up of unregistered companies) after the words “all the provisions” there shall be added the words “of Regulation (EC) No 1082/2006 of the European Parliament and of the Council and”.

PART 3 MODIFICATIONS TO THE INSOLVENCY RULES

8.  Any requirement in the Insolvency Rules to provide the registrar of companies with information in relation to the winding up of an unregistered company, shall not apply where such a company is a UK EGTC.

9.  In rule 4.21 of the Insolvency Rules 1986(1) and rule 4.021 of the Insolvency Rules (Northern Ireland) 1991(2) (transmission and advertisement of order) the court is required to serve two copies of the winding-up order on the official receiver.

(1)

S.I. 1986/1925.

(2)

S.R. 1991 No.364.