The European Public Limited-Liability Company (Fees) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the fees payable in connection with services and facilities provided by the Department of Trade and Industry in pursuance of the Community obligations of the United Kingdom under Articles 2, 8 and 66 of the Council Regulation 2157/2001/EC of 8th October 2001 on the Statute for a European Company, implemented in part by the European Public Limited-Liability Company Regulations 2004.

The Regulations prescribe the fees specified in Schedule 2 of the Regulations in respect of the matters set out in the first column of the Schedule to the Regulations.

The fees are as follows —

(a) The fee for the registration of an SE whose registered office is in Great Britain on its formation is £20 in relation to each of the means provided for in the EC Regulation for the formation of SEs (Fee No. 1);

(b) The fee for the registration of a public company by the conversion of an SE in accordance with Article 66 of the EC Regulation is £20 (Fee No. 2);

(c) The fee for the registration of an SE on the transfer of its registered office to Great Britain in accordance with Article 8 of the EC Regulation is £20 (Fee No. 3); and

(d) The fee for an application for a certificate under Article 8(8) of the EC Regulation attesting to the completion of the acts and formalities to be accomplished before the transfer of the registered office of an SE from Great Britain is £20 (Fee No. 4).

Regulation 1 provides for the fees to come into force on 8th October 2004.

No Regulatory Impact Assessment has been prepared for the Fees Regulations. However, a Regulatory Impact Assessment in respect of the Principal Regulations - which sets out the costs that might be incurred by companies which decide, voluntarily, to form SEs - has been prepared. Copies of the RIA have been have been placed in the libraries of both Houses of Parliament. Copies are also available from the Company Law and Governance Directorate of the Department of Trade and Industry.