The European Economic Interest Grouping and European Public Limited-Liability Company (Amendment) Regulations 2014

Amendment of the European Public Limited-Liability Company Regulations 2004

19.  For regulation 11(1) substitute—

“Certificate of the competent authority under Article 8(8)

11.— (1) Where it is proposed to transfer the registered office of an SE from the United Kingdom to another Member State, there must be delivered to the registrar an application for the issue by the Secretary of State of a certificate under Article 8(8), together with—

(a) a copy of the general meeting resolution approving the transfer of the SE;

(b) the statement of solvency required by regulation 72;

(c) a copy of the report required by Article 8(3); and

(d) a statement of compliance.

(2) The application must contain the following particulars—

(a) the SE’s name and registered number;

(b) any proposed new name for the SE on transfer;

(c) the name of the Member State to which it is proposed that the SE transfer and the address of that Member State’s registry;

(d) the proposed registered office address of the SE on transfer;

(e) the principal business activities of the SE;

(f) the date on which the report required by Article 8(3) was drawn up in accordance with that Article; and

(g) the date on which the general meeting of the SE approved the transfer proposal in accordance with Article 59.

(3) The registrar must deliver any application and other documents received under paragraph (1) to the Secretary of State for the Secretary of State to consider the issue of a certificate under Article 8(8).

(4) For the purpose of paragraph (2)(e), the information as to the principal business activities of the SE may be given by reference to one or more categories of any system of classifying business activities prescribed pursuant to section 855(3) of the 2006 Act.”

(1)

Regulation 11 was amended by regulation 12 of S.I. 2009/2400.