The Companies (Forms) (Amendment) Regulations 1999

Statutory Instruments

1999 No. 2356

COMPANIES

The Companies (Forms) (Amendment) Regulations 1999

Made

17th August 1999

Coming into force

13th September 1999

The Secretary of State, in exercise of the powers conferred on him by sections 88(2), 288(2), 363(2) and 744(1) of the Companies Act 1985(2), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1.—(1) These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 1999 and shall come into force on 13th September 1999.

(2) In these Regulations, references to a numbered section are to a section of the Companies Act 1985.

2.—(1) Forms 88(2), 288b and 363a in the Schedule to these Regulations, with such variations as circumstances require, are forms prescribed for the purposes of sections 88(2), 288(2) and 363(2) respectively.

(2) Form 363s in the Schedule to these Regulations, with such variations as circumstances require, is a form prescribed for the purposes of section 363(2), where the form has been delivered to a company by the registrar for the purposes of an annual return by that company.

3.—(1) Except to the extent specified in paragraph (2), the following forms are revoked—

(a) form 88(2) in the Schedule to the Companies (Forms) (Amendment) Regulations 1988(3),

(b) forms 288b and 363a in Schedule 2 to the Companies (Forms) (Amendment) Regulations 1995(4), and

(c) forms 363b and 363s in Schedule 2 to the Companies (Forms) (No. 2) Regulations 1991(5).

(2) Notwithstanding paragraph (1), the forms mentioned in that paragraph may continue to be used for a return or notification delivered to the registrar before 13th September 2000.

J. S. Holden

for Secretary of State

Department of Trade and Industry

17th August 1999

SCHEDULE

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe amended forms 88(2), 288b, 363a and 363s for the purposes of sections 88(2), 288(2) and 363(2) respectively of the Companies Act 1985, with effect from 13th September 1999. The Regulations also revoke the following existing forms: form 88(2) (prescribed by the Companies (Forms)(Amendment) Regulations 1988); forms 288b and 363a (prescribed by the Companies (Forms)(Amendment) Regulations 1995); and forms 363b and 363s (prescribed by the Companies (Forms)(No. 2) Regulations 1991). However, the continued use of those revoked forms is permitted for a transitional period of 12 months.

Form 88(2) is amended to change the layout of the details of share allotment.

Form 288b is amended to remove the entry concerning the reason for a termination of the appointment of a director or secretary, but is reworded to make it clear that an appointment can terminate otherwise than by resignation (examples would be disqualification or removal).

Forms 363a and 363s are amended to reflect the repeal of certain provisions in section 364 of the Companies Act 1985 (which specifies information to be included in the annual return delivered under section 363). Those repeals are made, with effect from 13th September 1999, by the Companies (Contents of Annual Return) Regulations 1999 (S.I. 1999/2322), which remove the requirements for companies to list the other directorships and former names of individual directors, and the other directorships of corporate directors, and the requirement for private companies to state whether resolutions are in force enabling the company to dispense with the laying of accounts and reports before the company in general meeting, or to dispense with the holding of annual general meetings. The layout for the details of share capital and shareholders is also amended.

Form 363b is revoked.

(1)

See the definition of “prescribed” in section 744.

(2)

1985 c. 6; section 363 was substituted by section 139(1) of the Companies Act 1989 (c. 40).

(3)

S. I. 1988/1359.

(4)

S. I. 1995/736.

(5)

S. I. 1991/1259.