The European Public Limited-Liability Company Regulations 2004

[F1Registration of an SE by the transformation of a public company in accordance with Article 2(4)E+W+S

This section has no associated Explanatory Memorandum

8.—(1) Where it is proposed to register an SE by the transformation of a public company in accordance with Article 2(4), there must be delivered to the registrar an application for registration together with—

(a)a copy of the statutes of the proposed SE;

(b)a copy of the report explaining and justifying the legal and economic aspects of the conversion in accordance with Article 37(4);

(c)copies of the certificates made in accordance with Article 37(6);

(d)a copy of the resolution approving the draft statutes and draft terms of conversion to SE of the public company in accordance with Article 37(7); and

(e)a statement of compliance (see regulation 11A).

(2) The application must state—

(a)the public company’s registered number and name;

(b)the date on which the certificate was prepared in accordance with Article 37(6); and

(c)the date on which the general meeting of the public company approved the draft terms of conversion in accordance with Article 37(7).

(3) The application must also contain —

(a)a statement of the SE’s name and registered office address (see regulation 10A);

(b)a statement of its proposed members (see regulation 10B);

(c)a statement of subscribed capital (see regulation 10C); and

(d)an employee involvement statement (see regulation 10D) made—

(i)in the case of a statement under paragraph 10D(2), on behalf of the special negotiating body and by a director of the public company; or

(ii)in the case of a statement under paragraph 10D(3), by a director of the public company.]

Textual Amendments