http://www.legislation.gov.uk/id/ukpga/2006/46

http://www.legislation.gov.uk/ukpga/2006/46/section/936/2017-05-01

Companies Act 2006

An Act to reform company law and restate the greater part of the enactments relating to companies; to make other provision relating to companies and other forms of business organisation; to make provision about directors' disqualification, business names, auditors and actuaries; to amend Part 9 of the Enterprise Act 2002; and for connected purposes.

text

text/xml

Statute Law Database

2024-05-18

Expert Participation

2017-05-01

Companies Act 2006

s. 479A(2)(c)(zi)

The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019

reg. 4(b)(i)

reg. 2

Companies Act 2006

Sch. 10

para. 6(2D)

The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019

reg. 28(e)

reg. 2

Companies Act 2006

Sch. 10

para. 7(2A)

The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019

reg. 29(b)

reg. 2

Companies Act 2006

Act

The Companies (Revision of Defective Accounts and Reports) (Amendment) Regulations 2013

reg. 4

reg. 1(1)

Companies Act 2006

Act

The Companies (Revision of Defective Accounts and Reports) (Amendment) Regulations 2013

reg. 9(a)

reg. 1(1)

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Annotations:

Modifications etc. (not altering text)

Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2

Pt. 27 applied (6.4.2008) by S.I. 2001/1228, Sch. 6 paras. 5, 6 (as amended by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 223(4) (with arts. 6, 11, 12))

Pt. 27 applied (6.4.2008) by 2000 c. 8, s. 105(5) (as substituted by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 211(1) (with arts. 6, 11, 12))

Chapter 4Supplementary provisions

Expert's report and related matters

I1936Experts and valuers: independence requirement

1

A person meets the independence requirement for the purposes of section 909 or 924 (expert's report) or section 935 (valuation by another person) only if—

a

he is not—

i

an officer or employee of any of the companies concerned in the scheme, or

ii

a partner or employee of such a person, or a partnership of which such a person is a partner;

b

he is not—

i

an officer or employee of an associated undertaking of any of the companies concerned in the scheme, or

ii

a partner or employee of such a person, or a partnership of which such a person is a partner; and

c

there does not exist between—

i

the person or an associate of his, and

ii

any of the companies concerned in the scheme or an associated undertaking of such a company,

a connection of any such description as may be specified by regulations made by the Secretary of State.

2

An auditor of a company is not regarded as an officer or employee of the company for this purpose.

3

For the purposes of this section—

a

the “companies concerned in the scheme” means every transferor and existing transferee company;

b

“associated undertaking”, in relation to a company, means—

i

a parent undertaking or subsidiary undertaking of the company, or

ii

a subsidiary undertaking of a parent undertaking of the company; and

c

“associate” has the meaning given by section 937.

4

Regulations under this section are subject to negative resolution procedure.

Annotations:

Commencement Information

S. 936 wholly in force at 6.4.2008; s. 936 not in force at Royal Assent, see s. 1300; s. 936 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 936 in force at 6.4.2008 by S.I. 2007/3495, art. 3(1)(m) (with savings in arts. 7, 12 and subject to Sch. 1 para. 21)

C1C2C3Part 27Mergers and divisions of public companies

Chapter 4Supplementary provisions

Expert's report and related matters

I1936Experts and valuers: independence requirement

1

a

i

ii

b

i

ii

c

i

ii

2

3

a

b

i

ii

c

4

C1 C2 C3Part 27Mergers and divisions of public companies