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The Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations 1996
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Registration by registrar of companies
4.—(1) As soon as is reasonably practicable after the coming into effect of an authorisation order in respect of an investment company with variable capital, SIB shall send a copy of the order to—
(a)the registrar of companies for England and Wales, if the instrument of incorporation of the company states that the company’s head office is to be situated in England and Wales, or that it is to be situated in Wales; or
(b)the registrar of companies for Scotland, if the instrument of incorporation of the company states that the head office of the company is to be situated in Scotland.
(2) The registrar shall, upon receipt of the copy of the authorisation order, forthwith register—
(a)the instrument of incorporation of the company; and
(b)the details in relation to the company, its directors and its depositary which are contained in the other papers retained by him under regulation 13(3) below.
(3) A company shall not carry on any business unless its instrument of incorporation has been registered under paragraph (2) above.
(4) Schedule 1 to these Regulations (which makes provision with respect to the registration of, and the functions of the registrar of companies in relation to, investment companies with variable capital) shall have effect.
(5) In this regulation any reference to the instrument of incorporation of a company is a reference to the instrument of incorporation which was supplied for the purposes of regulation 9(1)(a) below.
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