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Companies Act 2006

Delivery of documents to the registrar

Section 1068: Registrar’s requirements

1373.This section gives the registrar power to make rules about form, authentication and manner of delivery of documents, including the physical form and means of communication, the format, and the address to which they are to be sent, and where appropriate, technical specification. The power conferred by this section does not authorise the registrar to require documents to be delivered in electronic form.

Section 1069: Power to require delivery by electronic means

1374.This section provides that the Secretary of State (not the registrar) has a new power to provide for electronic-only delivery of classes of document. The Secretary of State may only exercise this power in respect of classes of document which are authorised or required to be delivered and for which the registrar has published rules relating to electronic delivery (in other words where it is clear precisely what mechanism is to be used for the electronic communication).

Section 1070: Agreement for delivery by electronic means

1375.This section sets out the power of the registrar to make agreements with companies to deliver information only electronically. The agreements could cover all documents (to the extent that electronic means of filing are available) or just selected documents. It is envisaged that the agreements will be in a standard form and contain detailed provisions for communications between the registrar and the company (including possible use of codes and encryption). The agreements need not be available to be entered into by everyone in the same form or at all.

Section 1071: Document not delivered until received

1376.This section provides that “delivery” obligations go beyond an obligation simply to send or post information to the registrar, and that the registrar may make rules governing what it means for a document to be “received” (which might include, for example, setting out which offices of the registrar should receive a document).

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