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Companies Act 2006

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This is the original version (as it was originally enacted).

457Other persons authorised to apply to the court
This section has no associated Explanatory Notes

(1)The Secretary of State may by order (an “authorisation order”) authorise for the purposes of section 456 any person appearing to him—

(a)to have an interest in, and to have satisfactory procedures directed to securing, compliance by companies with the requirements of this Act (or, where applicable, of Article 4 of the IAS Regulation) relating to accounts and directors' reports,

(b)to have satisfactory procedures for receiving and investigating complaints about companies' annual accounts and directors' reports, and

(c)otherwise to be a fit and proper person to be authorised.

(2)A person may be authorised generally or in respect of particular classes of case, and different persons may be authorised in respect of different classes of case.

(3)The Secretary of State may refuse to authorise a person if he considers that his authorisation is unnecessary having regard to the fact that there are one or more other persons who have been or are likely to be authorised.

(4)If the authorised person is an unincorporated association, proceedings brought in, or in connection with, the exercise of any function by the association as an authorised person may be brought by or against the association in the name of a body corporate whose constitution provides for the establishment of the association.

(5)An authorisation order may contain such requirements or other provisions relating to the exercise of functions by the authorised person as appear to the Secretary of State to be appropriate.

No such order is to be made unless it appears to the Secretary of State that the person would, if authorised, exercise his functions as an authorised person in accordance with the provisions proposed.

(6)Where authorisation is revoked, the revoking order may make such provision as the Secretary of State thinks fit with respect to pending proceedings.

(7)An order under this section is subject to negative resolution procedure.

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