Statutory Instruments
COMPANIES
Approved by both Houses of Parliament
Made
5th June 1996
Laid before Parliament
5th June 1996
Coming into force
20th September 1996
The Secretary of State, in exercise of the powers conferred on him by section 708(1) and (2) of the Companies Act 1985(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
1. These Regulations may be cited as the Companies (Fees) (Amendment) Regulations 1996 and shall come into force on 20th September 1996.
2. In these Regulations, “the 1991 Regulations” means the Companies (Fees) Regulations 1991(2).
3. The Schedule to the 1991 Regulations is amended by:—
(a)substituting, in respect of the entries in the first column listed below, the sums set out below in relation to those entries for the sums specified in relation to those entries in the second column of the Schedule to the 1991 Regulations as follows:
| (i) | entry 2 | £15.00 |
| (ii) | entry 3 | £10.00 |
| (iii) | entry 4 | £ 3.50 |
| (iv) | entry 5 | £ 3.50 |
| (v) | entry 6 | £ 3.50 |
| (vi) | entry 9(a) | £ 3.50 |
| (vii) | entry 9(c) | £ 5.00 |
| (viii) | entry 10(a) | £ 3.50 |
| (ix) | entry 10(c) | £ 5.00 |
| (x) | entry 19(a) | £15.00 |
| (xi) | entry 19(b)(i) | £15.00 |
| (xii) | entry 20(a) | £15.00 |
| (xiii) | entry 20(b) | £10.00; |
(b)deleting entry 8 in the first column of the Schedule to the 1991 Regulations and the sum specified in relation to that entry in the second column of that Schedule;
(c)inserting after entry 3 in the first column of the Schedule to the 1991 Regulations and the sum specified in relation to that entry in the second column of that Schedule the following entry and sum:—
“3A For registration, pursuant to section 692(2) or paragraph 7 of Schedule 21A, of a change of the corporate name of an oversea company | £10.00.” |
(d)substituting for entry 11 in the first column of the Schedule to the 1991 Regulations and the sums specified in relation to that entry in the second column of that Schedule the following entry and sums:—
“11. For a microfiche copy of a list of members consisting of more than 10 pages: (a)delivered at an office of the registrar | £3.50. |
(b)delivered by post pursuant to any form of request | £5.00.” |
(e)substituting for entry 12 in the first column of the Schedule to the 1991 Regulations and the sum specified in relation to that entry in the second column of that Schedule the following entry and sums:—
“12. For paper copies of records relating to a company delivered at an office of the registrar: (a)if requested on the same occasion as an inspection of the records relating to that company, or on the same occasion as a request for a basic set of microfiche copies relating to the company, per page | £0.10p |
(b)if requested otherwise, not being a list of members of the company | £3.50 plus £1 for each document supplied.”; |
(f)substituting for entry 13 in the first column of the Schedule to the 1991 Regulations and the sums specified in relation to that entry in the second column of that Schedule the following entry and sums:—
“13. For paper copies of records relating to a company, other than a list of members, recorded and kept by the registrar in the form of a microfiche copy, delivered by post pursuant to any form of request: (a)in respect of one document | £6.00. |
(b)in respect of each further document relating to the same company requested on the same occasion | £2.50.”; and |
(g)substituting for entries 16, 16A and 16B in the first column of the Schedule to the 1991 Regulations and the sums specified in relation to that entry in the second column of that Schedule the following entry and sums:—
“16. For paper copies of particulars registered in respect of a branch or undertaking— (a)delivered at an office of the registrar | 10p per screen of information on a computer terminal. |
(b)delivered by post | £1 per screen of information on a computer terminal.” |
4.—(1) Subject to paragraph (2) below, the fees prescribed by regulation 3 come into effect on 1st October 1996.
(2) The fee prescribed in relation to entry 2 by regulation 3(a) above in respect of the registration of an annual return applies to any annual return which the company—
(a)is required to deliver to the registrar made up to a date not later than a return date occurring on or after 1st October 1996; and
(b)which is delivered on or after 20th September 1996.
(3) For the purposes of paragraph (2) above, a “return date” in relation to any company is ascertained in accordance with section 363(1) of the Companies Act 1985(3).
Phillip Oppenheim
Minister for Company Affairs,
Department of Trade and Industry
5th June 1996
(This Note is not part of the Regulations)
These Regulations amend the Companies (Fees) Regulations 1991, as amended by the Companies (Fees) (Amendment) Regulations 1992, the Companies (Fees) (Amendment) Regulations 1994 and the Companies (Fees) (Amendment) Regulations 1995, which require the payment of fees in respect of functions performed by the registrar of companies under the Companies Act 1985.
Regulation 3 amends these Regulations by:
(1) reducing the fees applicable in respect of:
(a)the registration of an annual return, and the registration of copy accounts delivered by an oversea company otherwise than at the time of a branch registration,
(b)the registration of a change of name by a company,
(c)the delivery by post pursuant to any form of request other than one on-line, of a basic set of microfiche copies,
(d)the delivery by post pursuant to any form of request other than one on-line, of the excluded documents of a branch or undertaking recorded and kept by the registrar in the form of a microfiche copy (regulation 3(a));
(2) increasing the fees applicable in respect of the following matters from £3.00 to £3.50:
(a)the inspection of a basic set of microfiche copies,
(b)the inspection of the excluded documents of a branch or undertaking recorded and kept by the registrar of companies in the form of a microfiche copy,
(c)the inspection of a list of members of a company consisting of more than 10 pages, other than an inspection requested on the same occasion as a request to inspect the basic set of microfiche copies relating to that company,
(d)the delivery, at an office of the registrar, of a basic set of microfiche copies,
(e)the delivery, at an office of the registrar, of microfiche copies of the excluded documents of a branch or undertaking recorded and kept by the registrar in the form of a microfiche copy (regulation 3(a));
(3) increasing the fees applicable in respect of certified copies of, or extracts from, any record and, when the record is a list of members consisting of more than 10 pages, in respect of the first ten pages, from £12.00 to £15.00 (regulation 3(a));
(4) increasing the fees applicable in respect of the supply of a first certificate of incorporation on any occasion from £12.00 to £15.00 and for each additional certificate supplied on the same occasion from £9.50 to £10.00 (regulation 3(a));
(5) abolishing the fee applicable in respect of the inspection of entries in the register relating to one company (regulation 3(b));
(6) prescribing a new fee of £10.00 in relation to the registration of a change of the corporate name of an oversea company (regulation 3(c));
(7) replacing entry 11 with a new provision requiring the payment of fees by reference only to whether the relevant copies (lists of members consisting of more than 10 pages) were delivered by post or at an office of the registrar. In the first case a fee of £5.00 is charged, in the latter a fixed fee of £3.50 is payable in place of a fee of £3.00 for the first five sheets of microfiche and 10p for each subsequent sheet (regulation 3(d));
(8) replacing entry 12 with a new entry under which a new fee is charged in relation to the delivery of paper copies of records, other than a list of members, relating to a company at an office of the registrar where those records are requested otherwise than on the occasion of the inspection of the records of that company or of a request for a basic set of microfiche copies relating to that company. The new fee is £3.50 plus £1 for each document of these records supplied. The fee for copies requested on the specified occasions remains the same (regulation 3(e));
(9) replacing entry 13 with a new entry under which new fees are charged, in respect of paper copies of a company’s records, kept by the registrar in the form of a microfiche copy, other than a list of members, by reference to the number of documents requested rather than the mode of request. The fee is £6.00 in respect of one document and £2.50 in respect of each further document requested on the same occasion (regulation 3(f));
(10) replacing entries 16, 16A and 16B by a new entry 16 under which new fees are charged in respect of paper copies of particulars registered in respect of a branch or undertaking by reference to the means of delivery. The new fee is 10p per screen of information on a computer terminal where the copies are delivered at an office of the registrar or £1 per screen where delivered by post (regulation 3(g)).
Regulation 4 provides for the new fees (with the exception of the fees for the registration of an annual return) to come into effect on 1st October 1996. In relation to annual returns the new fee is applied to all annual returns which are made up to a date not later than a return date (ascertained for each company in accordance with section 363(1) of the Companies Act 1985) on or after 1st October 1996 and which are delivered on or after 20th September 1996.