The Companies (Forms) (Amendment) Regulations 2003

Statutory Instruments

2003 No. 2982

COMPANIES

The Companies (Forms) (Amendment) Regulations 2003

Made

17th November 2003

Coming into force

1st December 2003

The Secretary of State, in exercise of the powers conferred upon her by sections 169(1), 169(1B), 169A(2) and 744 of the Companies Act 1985(1), makes the following Regulations:

1.  These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 2003 and shall come into force on 1st December 2003.

2.—(1) The form 169 set out in Part 1 of Schedule 2 to the Companies (Forms) (Amendment) Regulations 1987(2) is prescribed only for the purposes of section 169(1) of the Companies Act 1985 (“the Act”).

(2) The forms 169(1B) and 169A(2) set out in the Schedule to these Regulations, with such variations as circumstances require, are the forms prescribed for the purposes of section 169(1B) and section 169A(2) of the Act respectively.

Claire Clancy,

for Secretary of State,

Department of Trade and Industry

17th November 2003

SCHEDULE

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe forms for the purposes of the returns required to be made to the Registrar of Companies in respect of the purchase by certain public companies of their own shares to be held as treasury shares and in respect of the cancellation, sale or transfer of treasury shares. These Regulations are made pursuant to amendments made to the Companies Act 1985 (“the Act”) by the Companies (Acquisition of Own Shares) (Treasury Shares) Regulations 2003, which permit certain public companies to hold shares in treasury.

Regulation 2(1) provides that form 169, prescribed by the Companies (Forms) (Amendment) Regulations 1987 will apply only for the purposes of returns under section 169(1) of the Act. Regulation 2(2) prescribes the forms set out in the Schedule to these present Regulations for the purposes of returns under section 169(1B) and 169A(2) of the Act.

(1)

1985 c. 6. Section 169(1B) and section 169A(2) were inserted by paragraphs 12 and 13 respectively of the Schedule to the Companies (Acquisition of Own Shares) (Treasury Shares) Regulations 2003 (S.I. 2003/1116) as from 1st December 2003.

(2)

S.I. 1987/752.