The Registrar of Companies (Fees) (Amendment) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2012 (S.I. 2012/1907), the Registrar of Companies (Fees) (European Economic Interest Grouping and European Public Limited-Liability Company) Regulations 2012 (S.I. 2012/1908) and the Registrar of Companies (Fees) (Limited Partnerships and Newspaper Proprietors) Regulations 2009 (S.I. 2009/2392) which require payment of fees in respect of functions performed by the registrar of companies relating to companies, overseas companies, limited liability partnerships (“LLPs”), European Economic Interest Groupings (“EEIGs”), European Public Limited-Liability Companies, limited partnerships and the register of newspaper proprietors.

Regulations 4 and 7 substitute regulation 6 and Schedule 3 to the Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2012 to include (in addition to protected information) provision for fees for the disclosure of restricted DOB information and information within section 790ZF(2) of the Companies Act 2006 (“the 2006 Act”). The disclosure of restricted DOB information relates to,

(a) directors of companies and overseas companies,

(b) members of LLPs, and

(c) people with significant control of companies or LLPs.

The disclosure of information within section 790ZF(2) of the 2006 Act relates to people with significant control of companies or LLPs. Modifications apply to the fees set out in Schedule 3 in specified circumstances. This amendment also removes the fees for the bulk electronic transfer of protected information. Regulations 10 and 13 make equivalent changes for the disclosure of restricted DOB information relating to the manager of an EEIG.

Regulation 5 amends registration fees as follows,

(a) the registration of a company under section 14 of the 2006 Act where the documents are delivered by the Web Incorporation Service reduces from £15.00 to £12.00, and the Software Incorporation Service reduces from £13.00 to £10.00,

(b) the registration of a Welsh company under section 14 of the 2006 Act where the required documents are delivered in Welsh in hard copy form increases from £20.00 to £40.00,

(c) the registration of a limited liability partnership under section 3 of the Limited Liability Partnerships Act 2000 where the documents are delivered by electronic means reduces from £13.00 to £10.00, and

(d) the registration of a charge under Part 25 of the 2006 Act by a company where the documents are delivered in hard copy increase from £13.00 to £23.00 and where documents are delivered electronically increases from £10.00 to £15.00. Regulation 5(10) makes equivalent provision for LLPs and regulation 11(5) makes equivalent provision for EEIGs.

Regulation 5 also repeals the fee payable on registration of an annual return by a company or LLP and substitutes it with the same fee payable on registration of a confirmation statement. This change is a consequence of an amendment to the 2006 Act by the Small Business, Enterprise and Employment Act 2015.

Regulation 6 amends the fees in respect of companies and LLPs for the provision of a copy document certified under section 1091 of the 2006 Act and a copy certificate of incorporation under section 1065 of the 2006 Act applied for by means of Companies House Direct, Companies House Information Centre or Companies House Contact Centre. The fees reduce for same day delivery or collection from £60.00 to £50.00 and other than same day delivery or collection from £20.00 to £15.00. Regulation 12 makes equivalent provision for EEIGs and regulation 18 makes equivalent provision for limited partnerships. Amendments are also made to the definitions of WebCHeck and searchroom terminal to distinguish those terms from a new free electronic inspection service.

Regulations 15, 16, and 17 amend the Registrar of Companies (Fees) (Limited Partnerships and Newspaper Proprietors) Regulations 2009 to remove fees concerning the register of newspaper proprietors. This is as a consequence of the repeal of the majority of the Newspaper Libel and Registration Act 1881 by the Deregulation Act 2015.

Regulations 19 to 22 set out transitional and saving provisions.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Strategy and Policy section, Companies House, Crown Way, Maindy, Cardiff, CF14 3UZ and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.