SCHEDULE 7MINOR AND CONSEQUENTIAL AMENDMENTS

Companies (Northern Ireland) Order 1986 (S.I.1986/1032 (N.I. 6))

2

1

Article 36 of the Companies (Northern Ireland) Order 1986 (“the 1986 Order”) (prohibition on registration of certain names) is amended as follows.

2

For sub-paragraph (bb) of paragraph (1)18, substitute –

bb

which includes, at any place in the name, the expression “investment company with variable capital” or “open-ended investment company;”.

3

In paragraph (3)(b), omit the word “and” after “public limited company” and at the end insert –

  • and open-ended investment company

3

1

Article 207(2A) of the 1986 Order19 (interests to be disregarded in determining whether a person holds a material interest in shares) is amended as follows.

2

In sub-paragraph (bb), for “investment company with variable capital” substitute “open-ended investment company”.

3

In sub-paragraph (d), for “(a), (b) or (c)” substitute “(a), (b), (bb) or (c)”.

4

In Article 217(1)(h) of the 1986 Order20 (interests to be disregarded for purposes of obligation to disclose interests in shares) for head (iii) substitute –

iii

by virtue of his being a depositary, within the meaning of the Open-Ended Investment Companies Regulations (Northern Ireland) 2004, of an open-ended investment company.

5

In Article 228(1) of the 1986 Order21 (definitions for Part VII) omit the definition of “investment company with variable capital” and insert after the definition of “material interest” –

  • “open-ended investment company” has the same meaning as in the Open-Ended Investment Companies Regulations (Northern Ireland) 2004;

6

In Article 667(2) of the 1986 Order (exemptions from application of Order to unregistered companies), for sub-paragraph (d)22 substitute –

d

any open-ended investment company within the meaning of the Open-Ended Investment Companies Regulations (Northern Ireland) 2004.