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Companies Act 2006

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This is the original version (as it was originally enacted).

Power to require statements to be sent to the registrar of companies

1188Statements from persons subject to foreign restrictions

(1)The Secretary of State may make provision by regulations requiring a person who—

(a)is subject to foreign restrictions, and

(b)is not disqualified under this Part,

to send a statement to the registrar if he does anything that, if done by a person disqualified under this Part, would be in breach of the disqualification.

(2)The statement must include such information as may be specified in the regulations relating to—

(a)the person’s activities in relation to UK companies, and

(b)the foreign restrictions to which the person is subject.

(3)The statement must be sent to the registrar within such period as may be specified in the regulations.

(4)The regulations may make different provision for different cases and may in particular distinguish between cases by reference to—

(a)the conduct on the basis of which the person became subject to foreign restrictions;

(b)the nature of the foreign restrictions;

(c)the country or territory under whose law the foreign restrictions were imposed.

(5)Regulations under this section are subject to affirmative resolution procedure.

1189Statements from persons disqualified

(1)The Secretary of State may make provision by regulations requiring a statement or notice sent to the registrar of companies under any of the provisions listed below that relates (wholly or partly) to a person who—

(a)is a person disqualified under this Part, or

(b)is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 (c. 46) or the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)),

to be accompanied by an additional statement.

(2)The provisions referred to above are—

(a)section 12 (statement of a company’s proposed officers),

(b)section 167(2) (notice of person having become director), and

(c)section 276 (notice of a person having become secretary or one of joint secretaries).

(3)The additional statement is a statement that the person has obtained permission from a court, on an application under section 1184(5) or (as the case may be) for the purposes of section 1(1)(a) of the Company Directors Disqualification Act 1986 (c. 46) or Article 3(1) of the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)), to act in the capacity in question.

(4)Regulations under this section are subject to affirmative resolution procedure.

1190Statements: whether to be made public

(1)Regulations under section 1188 or 1189 (statements required to be sent to registrar) may provide that a statement sent to the registrar of companies under the regulations is to be treated as a record relating to a company for the purposes of section 1080 (the companies register).

(2)The regulations may make provision as to the circumstances in which such a statement is to be, or may be—

(a)withheld from public inspection, or

(b)removed from the register.

(3)The regulations may, in particular, provide that a statement is not to be withheld from public inspection or removed from the register unless the person to whom it relates provides such information, and satisfies such other conditions, as may be specified.

(4)The regulations may provide that section 1081 (note of removal of material from the register) does not apply, or applies with such modifications as may be specified, in the case of material removed from the register under the regulations.

(5)In this section “specified” means specified in the regulations.

1191Offences

(1)Regulations under section 1188 or 1189 may provide that it is an offence for a person—

(a)to fail to comply with a requirement under the regulations to send a statement to the registrar;

(b)knowingly or recklessly to send a statement under the regulations to the registrar that is misleading, false or deceptive in a material particular.

(2)The regulations may provide that a person guilty of such an offence is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

(b)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum (or both);

(ii)in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum (or both).

(3)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), for “twelve months” in subsection (2)(b)(i) substitute “six months”.

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