The Cross-Border Insolvency Regulations 2006

Registrar of companies to whom notices to be delivered

3.—(1) References in Schedules 2 and 3 to the registrar of companies in relation to a relevant company shall be construed in accordance with the following provisions.

(2) The notices which a relevant company is required to deliver to the registrar of companies shall be delivered—

(a) to the registrar for England and Wales if the company has a relevant presence in England and Wales, and

(b) to the registrar for Scotland if the company has a relevant presence in Scotland,

and if the relevant company has a relevant presence in both parts of Great Britain, the notices shall be delivered to both registrars.

(3) For the purposes of this paragraph a “relevant presence” means—

(a) in the case of a company within the meaning of section 735(1) of the 1985 Act, its registered office,

(b) in the case of an unregistered company within the meaning of Part 5 of the 1986 Act which is subject to a requirement imposed by virtue of section 690A of the 1985 Act(1), a branch,

(c) in the case of an unregistered company within the meaning of Part 5 of the 1986 Act which is subject to a requirement imposed by virtue of section 691(1)(2) of the 1985 Act, an established place of business, and

(d) in the case of an unregistered company within the meaning of Part 5 of the 1986 Act which is subject to a requirement imposed by virtue of section 718(3) of the 1985 Act, a principal place of business.

(1)

1985 c. 6; section 690A was inserted by S.l. 1992/3179.

(2)

As amended by S.I. 2000/3373 and 2002/912.

(3)

As amended by the Statute Law (Repeals) Act 2004 (c. 14) and S. 1. 2001/1228.