PART 8Company filing requirements

Director disputes

100Company filing requirements: consent to act as director or secretary

(1)

The Companies Act 2006 is amended as follows.

(2)

In section 12 (statement of proposed officers), for the first sentence of subsection (3) substitute—

“The statement must also include a statement by the subscribers to the memorandum of association that each of the persons named as a director, as secretary or as one of the joint secretaries has consented to act in the relevant capacity.”

(3)

In section 95 (statement of proposed secretary), for the first sentence of subsection (3) substitute—

“The statement must also include a statement by the company that the person named as secretary, or each of the persons named as joint secretaries, has consented to act in the relevant capacity.”

(4)

In section 167 (duty to notify registrar of changes), in subsection (2), for paragraph (b) substitute—

“(b)

be accompanied by a statement by the company that the person has consented to act in that capacity.”

(5)

In section 276 (duty to notify registrar of changes), in subsection (2), for “consent by that person” substitute “ statement by the company that the person has consented ”.

(6)

The amendments made by this section do not apply if the statement of proposed officers, statement of the company's proposed secretary or notice under section 167 or 276 of the Companies Act 2006 was received by the registrar before this section comes into force.