The Companies (Cross-Border Mergers) Regulations 2007

The Companies Act 2006

4.—(1) The following provisions of the Companies Act 2006(1) apply for the purposes of these Regulations as they apply for the purposes of the Companies Acts—

(a) section 1081 (annotation of the register);

(b) sections 1102 to 1104 and 1107 (language requirements for documents delivered to registrar);

(c) section 1112 (offence of false statement to registrar);

(d) section 1113 (enforcement of company’s filing obligations);

(e) sections 1121 to 1123 (liability of officer in default);

(f) section 1125 (meaning of “daily default fine”);

(g) sections 1127 and 1128 (summary proceedings);

(h) section 1129 (legal professional privilege);

(i) section 1130 (proceedings against unincorporated bodies).

(2) Section 1063 of the Companies Act 2006 (fees payable to registrar) applies to the functions conferred on the registrar of companies by these Regulations as it applies to the functions conferred on the registrar of companies by the Companies Acts.

(3) Section 1105 of the Companies Act 2006 (documents that may be drawn up and delivered in other languages) applies to the documents required to be delivered to the registrar of companies under—

(a) regulation 12(1)(b) (draft terms of merger), and

(b) regulation 19(3) (order of competent authority of another EEA State).

(4) The facility described in section 1106 of the Companies Act 2006 (voluntary filing of translations) is available in relation to—

(a) all official languages of EEA States, and

(b) all documents required to be delivered to the registrar of companies under these Regulations.

(5) In article 4(1) of the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007(2) (commencement of section 1068 of the Companies Act 2006) for the words from “any regulations made” to the end substitute “the Companies (Cross-Border Mergers) Regulations 2007”.

(6) Schedule 1 makes transitional modifications to provisions of these Regulations that refer to provisions of the Companies Act 2006 that are not yet in force.

(1)

2006 c.46.

(2)

S.I. 2007/2194 (C. 84).