The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Cross-Border Insolvency Regulations (Northern Ireland) 2007 (S.R. (NI) 2007 No 115) U.K.

269.—(1) The Cross-Border Insolvency Regulations (Northern Ireland) 2007 are amended as follows.

(2) In regulation 2 (interpretation), make the existing provision paragraph (1) and after it insert—

“(2) In these Regulations “overseas company” has the meaning given by section 1044 of the Companies Act 2006 and “establishment”, in relation to such a company, has the same meaning as in the Overseas Companies Regulations 2009.”.

(3) In Schedule 2 (procedural matters)—

(a) in paragraph 1(1) (interpretation)—

(i) for the definition of “relevant company” substitute—

““relevant company” means a company that is—

(a)

registered under the Companies Act 2006,

(b)

subject to a requirement imposed by regulations under section 1043 of that Act (unregistered UK companies) to deliver any documents to the registrar of companies, or

(c)

subject to a requirement imposed by regulations under section 1046 of that Act (overseas companies) to deliver any documents to the registrar of companies;”;

(ii) for the definition of “registrar” substitute—

““the registrar” means the registrar of companies;”;

(b) in paragraph 3(e) (matters to be stated in application for recognition of foreign proceedings: company's registered number), for “the Companies (Northern Ireland) Order 1986” substitute “ the Companies Act 2006 ”;

(c) in paragraph 25(1)(b) (persons entitled to appear or be represented at hearing), for sub-paragraph (i) substitute—

“(i) where applicable, any person specified in particulars registered under section 1046 of the Companies Act 2006 (overseas companies) as authorised to represent the debtor;”;

(d) in paragraph 44(1)(g) (persons entitled to inspect court file), for sub-paragraph (iii) substitute—

“(iii) where applicable, any person specified in particulars registered under section 1046 of the Companies Act 2006 (overseas companies) as authorised to represent the debtor;”.

(4) In Schedule 3 (notices to be delivered to registrar), in paragraph 1(1) (interpretation), omit the definition of “the 1986 Order”.

(5) In Schedule 4 (forms)—

(a) in Form ML1, for item 4 (and notes (h) to (j)) substitute—

“(h) Insert date of incorporation	4 The debtor is registered under the Companies Act 2006 and was incorporated on (h) .......................................................................................
(i) Insert registered number	The registered number of the debtor is (i) ....................................................
	OR
(j) If the debtor has a registered establishment include applicable statement(s) and insert required details	(j) The debtor is an overseas company that has one or more establishments in the United Kingdom. The registered numbers of the establishment(s) are ..................................... .......................................................................................................................
	OR
	The debtor is not registered under the Companies Act 2006 nor is it an overseas company that has one or more establishments in the United Kingdom.”

(b) in Form ML7, for the item relating to branches of oversea companies (and note (d)) substitute—

“(d) If the debtor is an overseas company with establishments in the United Kingdom, please complete requested details of establishments. If this form is delivered in respect of more than one establishment, the establishment number and name (where different) must be given for each establishment	(d) This return is delivered in respect of all the establishments listed below
	Registration number	Establishment name”