The Unregistered Companies Regulations 2009

This section has no associated Explanatory Memorandum

20.—(1) The following provisions of the Companies Act 2006 apply to unregistered companies—U.K.

(a)section 1080(2) and (4) (meaning of “register” and form in which documents to be recorded and kept);

(b)sections 1085 and 1086 (inspection of the register and right to take copies on the register);

(c)sections 1087 and 1088 (material not available for public inspection and application to registrar to make address unavailable for public inspection);

F1(cza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(ca)sections 1087A, 1087B(1) and (2) and 1087C (protection of date of birth information);]

(d)sections 1089 and 1090 (form and manner of application for inspection or copy);

(e)section 1091 (certification of copies as accurate);

[F3(f)section 1095A (rectification of register to resolve a discrepancy).]

(2) In section 1087 (material not available for public inspection) as it applies to unregistered companies, in subsection (1)—

(a)omit paragraph (a);

(b)in paragraph (b) omit “or any corresponding provision of regulations under section 1046 (overseas companies)”;

(c)in paragraph (ba), omit sub-paragraph (ii);

[F4(ca)for paragraph (bc) substitute—

“(bc)information which by virtue of Part 7 (secured information) of the Register of People with Significant Control Regulations 2016 (S.I. 2016/339) the registrar must omit from the material on the public register that is available for inspection;”]

[F5(d)omit paragraphs (c) and (d);

(e)omit paragraphs (e) to (g) and (j).]

[F6(2A) In [F7section 1087C for sub-paragraph (4)] substitute “The provisions of the Companies (Disclosure of Date of Birth Information) Regulations 2015 (S.I. 2015/1694) apply.”]

(3) For section 1088 as it applies to unregistered companies substitute—

“1088.    Application to registrar to make address unavailable for public inspection

(1) The relevant provisions of the Companies (Disclosure of Address) Regulations 2009 (S.I. 2009/214) apply with respect to applications to the registrar to make an address on the register unavailable for public inspection.

(2) Those provisions are—

(a)Part 3 (applications to make address unavailable for public inspection), and

(b)Part 4 (matters relating to application), so far as relating to such applications, and

(c)any other provisions of the Regulations having effect for the purposes of those provisions.”.

(4) In section 1091 (certification of copies as accurate) as it applies to unregistered companies, for subsection (4) substitute—

“(4) Regulation 2 of the Companies (Registrar, Languages and Trading Disclosures) Regulations 2006 (S.I. 2006/3429) (certification of electronic copies by registrar) applies where the copy is provided in electronic form.”.

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 1 para. 20(1)(d)(e) amendment to earlier affecting provision SI 2015/1695 reg. 9(3)(b) (30.6.2016) by The Companies and Limited Liability Partnerships (Filing Requirements) Regulations 2016 (S.I. 2016/599), reg. 1, Sch. 3 para. 10