Statutory Instruments
COMPANIES
Made
6th September 2007
Laid before Parliament
10th September 2007
Coming into force
1st October 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 116(1)(b), 116(2), 229(2), 238(2), 358(4), 807(2), 811(2), 1137(1) and (4), 1167 and 1292(1)(a) and (c) of the Companies Act 2006(1).
1.—(1) These Regulations may be cited as the Companies (Fees for Inspection and Copying of Company Records) Regulations 2007 and shall come into force on 1st October 2007.
(2) In these Regulations—
“the Act” means the Companies Act 2006; and
“the Commencement Order” means the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007(2).
2. For the purpose of section 116(1)(b) of the Act (inspection of register and index of members’ names) the fee prescribed is £3.50 for each hour or part thereof during which the right of inspection is exercised.
3.—(1) For the purposes of the following sections of the Act—
(a)section 116(2) (copy of company’s register of members); and
(b)section 811(2) (copy of entries in register of interests in shares disclosed),
the fee prescribed is—
(i)the amount per number of entries copied by the company as set out in paragraph (2); and
(ii)the reasonable costs incurred by the company in delivering the copy of the entries to the person entitled to be provided with that copy.
(2) The amounts per number of entries copied are—
(a)£1 for each of the first 5 entries;
(b)£30 for the next 95 entries or part thereof;
(c)£30 for the next 900 entries or part thereof;
(d)£30 for the next 99,000 entries or part thereof; and
(e)£30 for the remainder of the entries in the register or part thereof.
4. For the purposes of the following sections of the Act—
(a)section 229(2) (copy of director’s service contract or memorandum setting out the terms of that contract);
(b)section 238(2) (copy of director’s qualifying indemnity provision);
(c)section 358(4) (copy of records of resolutions and meetings); and
(d)section 807(2) (copy of report under section 805 of the Act),
the fee prescribed is—
(i)10 pence per 500 words or part thereof copied; and
(ii)the reasonable costs incurred by the company in delivering the copy of the company record to the person entitled to be provided with that copy.
5.—(1) In the Companies (Inspection and Copying of Registers, Indices and Documents) Regulations 1991(3) (“the 1991 Regulations”) the following paragraphs of Schedule 2 are revoked, subject to paragraphs (2) and (3) of this regulation—
(a)paragraph 1(d);
(b)paragraph 2(b);
(c)paragraph 2(d); and
(d)paragraph 3(b).
(2) The fees prescribed in the following paragraphs of Schedule 2 to the 1991 Regulations—
(a)paragraph 1(d) (fee for inspection of register of members and index); and
(b)paragraph 2(d) (fee for copies of entries in the register of members),
shall continue to apply in respect of requests relating to the register of members or the index of members’ names of a company which are subject to section 356 of the Companies Act 1985(4) by virtue of paragraph 2(2) of Schedule 3 to the Commencement Order.
(3) The fee prescribed in paragraph 3(b) of Schedule 2 to the 1991 Regulations shall continue to apply in respect of requests relating to minutes of general meetings which are subject to section 383 of the Companies Act 1985 by virtue of paragraph 40(2) of Schedule 3 to the Commencement Order.
6.—(1) In the Companies (Inspection and Copying of Registers, Indices and Documents) Regulations (Northern Ireland) 1993(5) (“the 1993 Regulations”) the following paragraphs of Schedule 2 are revoked, subject to paragraphs (2) and (3) of this regulation—
(a)paragraph 1(d);
(b)paragraph 2(b);
(c)paragraph 2(d); and
(d)paragraph 3(b).
(2) The fees prescribed in the following paragraphs of Schedule 2 to the 1993 Regulations—
(a)paragraph 1(d) (fee for inspection of register of members and index); and
(b)paragraph 2(d) (fee for copies of entries in the register of members),
shall continue to apply in respect of requests relating to the register of members or the index of members’ names of a company which are subject to Article 364 of the Companies (Northern Ireland) Order 1986(6) by virtue of paragraph 2(2) of Schedule 3 to the Commencement Order.
(3) The fee prescribed in paragraph 3(b) of Schedule 2 to the 1993 Regulations shall continue to apply in respect of requests relating to minutes of general meetings which are subject to Article 391 of the Companies (Northern Ireland) Order 1986 by virtue of paragraph 40(2) of Schedule 3 to the Commencement Order.
Stephen Timms
Minister of State for Competitiveness
Department for Business, Enterprise and Regulatory Reform
6th September 2007
(This note is not part of the Regulations)
These Regulations prescribe the fees payable by a person who wishes to exercise a right under the Companies Act 2006 to inspect a company record or to receive a copy of a company record (regulations 2, 3 and 4). These Regulations replace fees prescribed in earlier legislation subject to transitional savings (regulations 5 and 6).
An Impact Assessment in respect of these Regulations has been produced and copies are available from the Company Law and Governance Directorate, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London, SW1H 0ET or on www.berr.gov.uk/bbf/co-act-2006.