The Registrar of Companies and Applications for Striking Off (Amendment) Regulations 2016

Amendment to the Registrar of Companies and Applications for Striking Off Regulations 2009

2.—(1) The Registrar of Companies and Applications for Striking Off Regulations 2009(1) are amended as follows.

(2) In regulation 4 (rectification of the register on application)—

(a) in paragraph (1), omit the words in brackets;

(b) after paragraph (1), insert—

“(1A) Paragraph (1) does not apply—

(a) in a case mentioned in section 1095(4A) of the Companies Act 2006 (application for removal from register of material about directors), if the registrar is required under section 1095(4B) of that Act not to remove the material from the register;

(b) in any other case, if there is a valid objection to the application.”;

(c) in paragraph (3)(a), for “section 167” insert “sections 167 or 167D”; and

(d) after paragraph (7), insert—

“(7A) But an application specifying material of the kind mentioned in section 1095(4A)(a) of the Companies Act 2006 (material naming a person as a director), which is accompanied by a statement of the kind mentioned in section 1095(4A)(b) of that Act, may also be made on behalf of the person named in the material.”.

(3) In regulation 5 (applications to rectify: further requirements, objections and notices to be issued by the registrar)—

(a) after paragraph (1)(b), insert—

“(ba) where the applicant is making the application in reliance on regulation 4(7A)—

(i) confirm that the person named in the relevant material which is the subject of the application has consented to the applicant making the application on that person’s behalf; or

(ii) explain the basis on which the applicant is otherwise entitled to make the application on that person’s behalf;”;

(b) in paragraph (8)(i), after “4(1)”, insert “and (1A)(b)”; and

(c) after paragraph (15), insert—

“(15A) Paragraphs (15B) to (15F) apply in a case mentioned in section 1095(4A) of the Companies Act 2006 (but not in any other case), in place of paragraphs (8)(g) to (i) and (9) to (15).

(15B) The notice of the application given by the registrar under paragraph (3) must—

(a) give particulars of—

(i) the right of the company to which the application relates to provide the registrar with evidence that the person named in the material did consent to act as a director of the company; and

(ii) the requirements applying to that right under paragraph (15C); and

(b) explain the effect of regulation 4(1) and (1A)(a), paragraph (15F) of this regulation and section 1095(4B) and (4C) of the Companies Act 2006.

(15C) If the company to which the application relates wishes to provide the registrar with evidence that the person named in the material did consent to act as a director of the company, it must, before the end of the period of 28 days beginning with the date on which the registrar’s notice under paragraph (3) was issued (as stated in the notice)—

(a) provide the registrar with the evidence in writing (and identify the application to which the evidence relates); and

(b) provide the registrar with a statement by the company that the evidence provided by it is true and is not misleading or deceptive in any material particular.

(15D) If the registrar is provided by the company with evidence and a statement as mentioned in paragraph (15C), the registrar must send an acknowledgement of receipt to the company.

(15E) The registrar must notify the applicant and every person to whom a notice was given under paragraph (3) of the outcome of the application.

(15F) If the outcome of the application is that the registrar does not remove the material from the register, the notice to the applicant under paragraph (15E) must be accompanied by a copy of the evidence provided by the company to the registrar under paragraph (15C)(a).”.

(1)

S.I. 2009/1803, to which there are amendments not relevant to these Regulations.