The European Economic Interest Grouping (Fees) Regulations 2004

Statutory Instruments

2004 No. 2643

FEES AND CHARGES

The European Economic Interest Grouping (Fees) Regulations 2004

Made

11th October 2004

Laid before Parliament

14th October 2004

Coming into force

1st February 2005

The Secretary of State for Trade and Industry, with the consent of the Treasury, in exercise of the powers conferred on her by section 56(1) and (2) of the Finance Act 1973(1) and of all other powers enabling her in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the European Economic Interest Grouping (Fees) Regulations 2004 and shall come into force on 1st February 2005.

Interpretation

2.  In these Regulations—

“the Act” means the Companies Act 1985(2);

“the EC Regulation” means Council Regulation (EEC) No. 2137/85 of 25th July 1985 on the European Economic Interest Grouping(3);

“EEIG” means a European Economic Interest Grouping formed in pursuance of article 1 of the EC Regulation;

“electronic information service” means a service by which information is accessed by the applicant in Hyper Text Markup Language using a website of the registrar of companies with no requirement for the applicant to deliver an access code;

“electronic subscription service” means a service by which information is accessed by the applicant in Hyper Text Markup Language using a website of the registrar of companies by delivering a non-encrypted access code;

“index” means one of the following indexes kept by the registrar of companies—

(a)

the index of company and corporate names and numbers;

(b)

the index of charges;

“the principal Regulations” means the European Economic Interest Grouping Regulations 1989(4);

“the registrar of companies” has the meaning specified in section 744 of the Act(5);

“the relevant Community obligations” means the Community obligations of the United Kingdom under article 39 of the EC Regulation;

“same day” means any provision of a certified copy, in relation to which a request for same day provision of that certified copy is received by the registrar of companies before 2.00 pm on the day in question and the certified copy is issued to the applicant on that day; and

“searchroom terminal” means a computer terminal operated by the applicant at an office of the registrar of companies.

Revocations

3.  The Regulations listed in Schedule 1 are revoked.

Fees payable to the registrar of companies

4.—(1) Subject to paragraph 2, the fees payable in connection with the services and facilities provided by the Department of Trade and Industry in pursuance of the relevant Community obligations relating to the matters set out in the first column of Schedule 2, implemented in part by the principal Regulations, are the fees payable to the registrar of companies set out in the second column of that Schedule.

(2) The fees prescribed in relation to entry 8 in Schedule 2 is not payable in respect of any month for which the applicant pays a fee to the registrar of companies for an electronic subscription service under Regulations providing for fees in respect of functions of the registrar of companies in relation to companies or limited liability partnerships.

Application of fees

5.  The fees prescribed by regulation 4 apply—

(a) in relation to entries 1 to 3 (inclusive) in Schedule 2, to any matter in respect of which every document necessary for the Department of Trade and Industry to provide the services and facilities in respect of that matter is delivered to the registrar of companies on or after 1st February 2005;

(b) in relation to entries 4 to 7 (inclusive) and entry 9 in that Schedule, to any matter in respect of which a request is received by the registrar of companies on or before 1st February 2005;

(c) in relation to entry 8 in that Schedule, in respect of February 2005 and any subsequent months.

Gerry Sutcliffe,

Parliamentary Under Secretary of State for Employment Relations, Postal Services and Consumers,

Department of Trade and Industry

6th October 2004

We consent

Derek Twigg,

Jim Murphy

Two of the Lords Commissioners of Her Majesty’s Treasury

11th October 2004

Regulation 3

SCHEDULE 1 REGULATIONS REVOKED BY THESE REGULATIONS

Regulations revoked	References
The European Economic Interest Grouping (Fees) Regulations 1999	SI 1999/268
The European Economic Interest Grouping (Fees) (Amendment) Regulations 2000	SI 2000/3412
The European Economic Interest Grouping (Fees) (Amendment) Regulations 2002	SI 2002/401
The European Economic Interest Grouping (Fees) (Amendment No. 2) Regulations 2002	SI 2002/2928

Regulation 4

SCHEDULE 2 FEES PAYABLE TO THE REGISTRAR OF COMPANIES

Matter in respect of which fee is payable	Amount of fee
1.—(a) Registration under regulation 9 of the principal Regulations of an EEIG whose official address is in Great Britain	£20.00
(b) Registration under regulation 12 of the principal Regulations of an EEIG that is situating an establishment in Great Britain but whose official address is outside Great Britain	£20.00
2.  Registration of a change of name of an EEIG under Regulation 11(2) of the principal Regulations	£10.00
3.  Registration of a charge under paragraph 4 of Schedule 4 to the principal Regulations	£13.00
4.  Provision of a copy of an index page delivered by email or fax or on paper delivered by post or at an office of the registrar of companies	£2.00
5.  Inspection or provision of a copy of a document—
(a) inspection using electronic subscription service	£4.00
(b) inspection using searchroom terminal	£2.00
(c) provision of a copy without prior inspection using electronic information service, electronic subscription service or searchroom terminal	£1.00
(d) copy delivered by email or on paper delivered by post or at an office of the registrar of companies	£3.00
(e) copy requested by telephone or using electronic subscription service and delivered by fax	£3.00
6.  Printing a screen of information using searchroom terminal or a page printed from microfiche by the applicant at an office of the registrar of companies where in either case no fee is chargeable for inspecting that information	£0.10
7.  Provision of a microfiche copy of documents relating to an EEIG received by the registrar of companies up to and including 31st December 2002	£9.00
8.  Fee for electronic subscription service, for each calendar month payable in arrears at the end of that month	£5.00
9.  Provision of a certified copy of a document or extract from a document—
(a) up to 10 pages (including the tenth page)	£15.00
(b) each page thereafter	£1.00
(c) same day delivery	£50.00
(d) additional fee for same day delivery by fax	£3.00

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 Council Regulation (EEC) No. 2137/85 of 25th July 1985 on the European Economic Interest Grouping, implemented in part by the European Economic Interest Grouping Regulations 1989.

These Regulations replace the European Economic Interest Grouping (Fees) Regulations 1999, as amended. They provide for a revised scale of fees to be payable to the registrar of companies with effect from 1st February 2005. The fees cover services and facilities provided by the Department of Trade and Industry, including those in relation to the registration of European Economic Interest Groupings, registration of charges and the dissemination of information relating to European Economic Interest Groupings.

The scale of fees is set out in Schedule 2 to the Regulations. The fee payable on registration of a charge is increased from £10.00 to £13.00. Other fees remain the same or are, in some cases, reduced. These include certain fees for provision of information.

(1)

1973 c. 51.

(2)

1985 c. 6.

(3)

O.J. No. L199, 31.7.1985, p. 1.

(4)

SI 1989/638.

(5)

Section 744 has been amended in manner not relevant to these Regulations.