The Small Business, Enterprise and Employment Act 2015 (Commencement No. 4, Transitional and Savings Provisions) Regulations 2016

Regulation 8

SCHEDULE TRANSITIONAL AND SAVINGS PROVISIONS IN RESPECT OF PROVISIONS BROUGHT INTO FORCE

PART 1 PROVISIONS COMING INTO FORCE ON 6TH APRIL 2016

1.  The changes made by section 107 of the Act have no effect in respect of an office-holder reporting on the conduct of a person who is or has been a director of an insolvent company in cases where the insolvency date in respect of that company is before 6th April 2016.

2.  “Insolvency date” in paragraph 1 has the meaning given in section 7A(10) of the Company Directors Disqualification Act 1986(1).

3.  The changes made by section 112 of and paragraph 5 of Schedule 8 to the Act have no effect in respect of an office-holder reporting on the conduct of a person who is or has been a director of an insolvent company in cases where the insolvency date in respect of that company is before 6th April 2016.

4.  “Insolvency date” in paragraph 3 has the meaning given in Article 10A(10) of the Company Directors Disqualification (Northern Ireland) Order 2002(2).

PART 2 PROVISIONS COMING INTO FORCE ON 30TH JUNE 2016

5.  Subject to paragraph 6, the repeal made by section 92 of the Act does not have effect in relation to annual returns to be made up to a return date before 30th June 2016.

6.  Where an annual return of the kind described in paragraph 5 is delivered to the registrar on or after 30th June 2016, section 856(2) of the 2006 Act (contents of annual return: information about shares and share capital)(3) has effect as if it read—

“(2) The statement of capital must state with respect to the company’s share capital at the return date—

(a) the total number of shares of the company;

(b) the aggregate nominal value of those shares;

(c) the aggregate amount (if any) unpaid on those shares (whether on account of their nominal value or by way of premium); and

(d) for each class of shares—

(i) prescribed particulars of the rights attached to the shares;

(ii) the total number of shares of that class; and

(iii) the aggregate nominal value of shares of that class.”.

7.  In relation to a company that is incorporated on 30th June 2015, section 853A(5)(a) of the 2006 Act has effect as if it read—

“(a) the period of 12 months beginning with the day after the company’s   incorporation;”.

8.  Any reference in section 853A of the 2006 Act (duty to deliver confirmation statements) to a review period is to be read as including the period of 12 months beginning with the day after the company’s last return date.

9.  The reference in section 853E(3) of the 2006 Act (duty to notify trading status of shares) to the last confirmation statement delivered to the registrar is to be read as including the last annual return delivered in accordance with the 2006 Act.

10.  The reference in section 853F(4) (duty to deliver shareholder information: non-traded companies) and section 853G(5) (duty to deliver shareholder information: certain traded companies) of the 2006 Act to the information most recently delivered to the registrar is to be read as including information in an annual return delivered in accordance with the 2006 Act.

11.  The amendments made by Schedule 6 to the Act to sections 619, 621, 625, 627, 663, 689 and 708 of the 2006 Act(4) do not apply to a notice given by a company to the registrar under any of those sections if the notice is received by the registrar before 30th June 2016.

(1)

1986 c.46.

(2)

S.I. 2002/3150.

(3)

Section 856 of the 2006 Act was amended by S.I. 2008/3000 and 2011/1487.

(4)

Section 708 of the 2006 Act was amended by S.I. 2015/532.