Statutory Instruments
1990 No. 572
COMPANIES
The Companies (Forms) (Amendment) Regulations 1990
Made
8th March 1990
The Secretary of State, in exercise of the powers conferred on him by the enactments specified in Schedule 1, hereby makes the following Regulations:—
1. These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 1990.
2. In these Regulations:—
“the 1985 Act” means the Companies Act 1985(1) as amended by the 1989 Act;
“the 1989 Act” means the Companies Act 1989(2);
“the 1985 Regulations” means the Companies (Forms) Regulations 1985(3); and
“the 1987 Regulations” means the Companies (Forms) (Amendment) Regulations 1987(4).
3. From 1st April 1990 the forms set out in Schedule 2, with such variations as circumstances require, are forms prescribed for the purposes of the provisions of the 1985 Act which are referred to in those forms(5).
4.—(1) Form 224 in Schedule 3 to the 1985 Regulations is revoked on 1st April 1991. From 1st April 1990 until 1st April 1991 this form is a prescribed form for the purposes of section 224 of the 1985 Act.
(2) Forms 701(2), 701(6)a and 701(6)b in Schedule 3 to the 1985 Regulations are revoked on 1st April 1991. From 1st April 1990 until 1st April 1991 these forms are prescribed forms respectively for the purposes of sections 224 and 225(1) and (2) of the 1985 Act, as applied by section 701(1) of that Act.
(3) Forms 225(1) and 225(2) in Schedule 2 to the 1987 Regulations are revoked on 1st April 1991. From 1st April 1990 until 1st April 1991 the forms 225(1) and 225(2) in Schedule 2 to the 1987 Regulations are prescribed forms respectively for the purposes of section 225(1) and (2) of the 1985 Act.
(4) Paragraph (1) of regulation 7 of the 1987 Regulations is revoked on 1st April 1991. From 1st April 1990 until 1st April 1991 the forms 225(1) and 225(2) in Schedule 3 to the 1985 Regulations are prescribed forms respectively for the purposes of section 225(1) and (2) of the 1985 Act, in the circumstances set out in that paragraph.
(5) From 1st April 1990 form 242 in Schedule 3 to the 1985 Regulations is a prescribed form for the purposes of section 244 of the 1985 Act, in relation to a financial year of a company which began before 23rd December 1989, but is otherwise revoked.
(6) From 1st April 1990 form 287 in Schedule 3 to the 1985 Regulations is prescribed for use by a company to notify a change in the situation of its registered office which occurs before that date, and from that date until 1st April 1991 it is a prescribed form to notify any other change in the situation of its registered office, but is otherwise revoked.
5.—(1) From 1st April 1990, for the purposes of the provisions set out in paragraph (2) below, a translation of a document into English shall be certified to be a correct translation:—
(a)if the translation was made in the United Kingdom, by:—
(i)a notary public in any part of the United Kingdom;
(ii)a solicitor (if the translation was made in Scotland), a solicitor of the Supreme Court of Judicature of England and Wales (if it was made in England or Wales), or a solicitor of the Supreme Court of Judicature of Northern Ireland (if it was made in Northern Ireland); or
(iii)a person certified by a person mentioned above to be known to him to be competent to translate the document into English; or
(b)if the translation was made outside the United Kingdom, by:—
(i)a notary public;
(ii)a person authorised in the place where the translation was made to administer an oath;
(iii)any of the British officials mentioned in section 6 of the Commissioners for Oaths Act 1889(6);
(iv)a person certified by a person mentioned in sub-subparagraph (i), (ii) or (iii) of this subparagraph to be known to him to be competent to translate the document into English.
(2) The provisions referred to in paragraph (1) above are sections 228(2)(f), 242(1), 243(4) and 702(1) of the 1985 Act and paragraph 6 of Part II of Schedule 9 to that Act.
(3) From 1st April 1990 regulation 6 of the 1985 Regulations is revoked so far as it refers to sections 241(3)(b) and 700(2) of the Companies Act 1985, but this revocation shall not apply in relation to the accounts of a company in respect of a financial year or accounting reference period of the company which began before 23rd December 1989, as the case may be.
Sarah E. Brown
An Under-Secretary,
Department of Trade and Industry
8th March 1990
SCHEDULE 1
The Companies Act 1985, sections 224(2)(7), 225(1) and (2)(7), 228(2)(f)(7), 242(1)(7), 243(4)(7), 244(3)(7), 287(3)(8), 701(1)(8) and 702(1)(8) and paragraph 6 of Part II of Schedule 9(9).
Regulation 3
SCHEDULE 2
Explanatory Note
(This note is not part of the Regulations)
These Regulations prescribe forms for the purposes of the provisions referred to in them. These are new provisions which are inserted into the Companies Act 1985 by the Companies Act 1989 as from 1st April 1990, or which are substituted by the 1989 Act for provisions in the 1985 Act as from that date.
These Regulations also revoke certain old forms as from 1st April 1991. These are old forms 224, 225(1), 225(2), 701(2), 701(6)a and 701(6)b. Until they are revoked these old forms are allowed to be used for the purposes of the new sections 224, 225(1), 225(2) and 701 of the 1985 Act which are inserted or substituted by the 1989 Act, as well as the relevant new forms prescribed by these Regulations for the purposes of those new sections.
The Regulations also revoke old form 242, but permit its continued use for the purposes of the new section 244 of the 1985 Act which is inserted by the 1989 Act, as well as the form 244 prescribed by these Regulations for the purposes of that new section.
The Regulations also revoke old form 287, but permit its continued use for the purposes of the new section 287 of the 1985 Act which is inserted by the 1989 Act, until 31 March 1991. The Regulations also prescribe the old form 287 to notify a change in the situation of a company’s registered office which occurs before 1st April 1990.
Finally, these Regulations prescribe the ways in which translations are to be certified for the purposes of the new sections 228(2)(f), 242(1), 243(4) and 702(1) of the 1985 Act and paragraph 6 of Part II of Schedule 9 to that Act, as inserted or substituted by the 1989 Act.
S.I. 1985/854.
S.I. 1987/752.
Sections 224, 225(1) and (2) and 244(3) are inserted into the Companies Act 1985 by sections 1, 3 and 11 of the Companies Act 1989 in place of the existing sections 224, 225(1) and (2) and 242(3) of the former Act, and sections 287 and 701(1) of the 1985 Act are substituted by sections 136 and 23 of the 1989 Act and by Schedule 10 to that Act.
1889 c. 10; section 6 was amended by the Oaths and Evidence (Overseas Authorities and Countries Act 1963 (c. 27), section 3).
Sections 224, 225, 228, 242, 243 and 244 are inserted into the Companies Act 1985 by sections 1, 3, 5 and 11 of the Companies Act 1989 in place of the existing sections with those numbers.
Sections 287(3), 701(1) and 702(1) are substituted by sections 136 and 23 of the Companies Act 1989 and by Schedule 10 to that Act.
Part II of Schedule 9 to the Companies Act 1985 is inserted by section 18 of the Companies Act 1989 and Schedule 7 to that Act. Under those provisions the existing Part II becomes part of Part I.