The Companies Act 2006 (Interconnection of Registers) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order implements Article 3a of Directive 2009/101/EC (OJ L 258, 1.10.2009, p. 11) which was inserted by Council Directive 2012/17/EU as regards the interconnection of central, commercial and companies registers (OJ L 156, 16.06.2012, p.1). Consequently this Order amends Part 35 of the Companies Act 2006 (the “2006 Act”) which deals with the functions of the registrar of companies and material delivered to, and registered by, the registrar.

Article 4 amends section 1078 of the 2006 Act, replacing the reference to the First Company Law Directive (68/151/EEC) (OJ L 65, 14.03.1968, p.8) with a reference to Directive 2009/101/EC. Directive 2009/101/EC replaced and repealed the First Company Law Directive.

Article 5 inserts a new section 1079A into the 2006 Act. Section 1079A requires the registrar to provide the information required by Article 3a(1) of Directive 2009/101/EC for publication on the European e-Justice portal. The information required by Article 3a(1) is up-to-date information explaining when persons may rely on the information and documents that are kept on the register maintained under section 1080 of the 2006 Act. The e-Justice portal is the single European electronic access point for information. The publication of the information on the e-Justice portal will enable any person accessing information on the register through the European system of interconnection of registers to ascertain to what extent they may rely on the information.

An impact assessment has not been produced for this Order because no impact on the private or voluntary sector is foreseen. A Transposition Note has been prepared which sets out how Directive 2009/101/EC, as amended by Directive 2012/17/EU, is transposed into UK law by this Order. This is available from the Company Law Directorate, Department for Business, Innovation and Skills, 1 Victoria Street, London SW1, and electronically at www.bis.gov.uk. Copies have been placed in the libraries of both Houses of Parliament.