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Statutory Instruments

2008 No. 1861

Companies

The Companies (Forms) (Amendment) Regulations 2008

Made

3rd July 2008

Coming into force

1st October 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 363(2) of the Companies Act 1985(1) and section 1167 of the Companies Act 2006(2).

1.  These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 2008 and come into force on 1st October 2008.

2.  Form 363a in the Schedule to these Regulations, with such variations as circumstances require, is a form prescribed for the purpose of section 363(2) Companies Act 1985

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

(a)Forms 363a and 363s in the Schedule to the Companies (Forms) (Amendment) Regulations 2002(3), and

(b)Forms 363a and 363s in the Schedule to the Companies (Forms) (Amendment) Regulations 1999(4).

(2) Notwithstanding paragraph (1), the forms mentioned in that paragraph may continue to be used for an annual return delivered to the registrar made up to a date before 1st October 2008.

Gareth Jones

for Secretary of State

Department for Business, Enterprise and Regulatory Reform

3rd July 2008

SCHEDULE

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EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations prescribe amended form 363a for the purposes of section 363(2) of the Companies Act 1985, with effect from 1 October 2008. The Regulations also revoke the following existing forms 363a and 363s (prescribed by the Companies (Forms) (Amendment) Regulations 2002) and form 363a and 363s (prescribed by Companies (Forms) (Amendment) Regulations 1999 and retained as alternatives to the forms prescribed by the Companies (Forms) (Amendment) Regulations 2002). However, continued use of those revoked forms is permitted for returns made up to a date before 1 October 2008.

Form 363a is amended to reflect amendments to the shareholder information provided. The amendments are made by the Companies Act 1985 (Annual Return) Regulations 2008 (S.I.2008/1659) applying to annual returns made up to a date on or after 1 October 2008. The type of information to be supplied depends on whether or not any of the company’s shares were admitted to trading on a regulated market during the period to which the return relates.

(1)

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