The following Statutory Instruments have now been published, all of which will come into force on 1st October 2009:
The Companies Act 2006 (Annual Return and Service Addresses) Regulations 2008 (No. 3000) published on 20 November 2008 and coming into force on 1 October 2009. These prescribe the conditions that a service address must meet and specify the details required to be given for directors and secretaries in annual returns. A company that keeps it records at a place specified in the regulations under section 1136 (i.e. not the registered office) must indicate the address of such place and what records are kept there. Amendments are also made (amongst others) so that only the names of shareholders need be given if the shares have not been traded on one of the regulated markets.
The Companies (Company Records) Regulations 2008 (No.3006) published on 21 November 2008 and coming into force on 1 October 2009. These provide that a company may keep certain records available for inspection at a place other than its registered office (known as the single alternative inspection location). The location must be notified to the registrar of companies. It must be located in the part of the United Kingdom that the company is registered. There are also provisions in relation to when and for how long companies must make their records available.
The Companies (Registration) Regulations 2008 (No. 3014) were made on 20 November 2008 and are coming into force on 1 October 2009. These prescribe the form of the memorandum of association and the information to be contained in the statement of capital and the statement of guarantee to identify each subscriber under the new Act. Certain other forms are also prescribed here.
The Companies (Particulars of Company Charges) Regulations 2008 (No.2996) made on 17 November 2008 and coming into force on 1 October 2009. These deal with the information to be provided to the registrar of companies on registration of a charge.
The Companies (Fees for Inspection of Company Records) Regulations 2008 published on 21 November 2008 and coming into force on 1 October 2009. This sets out the fee payable by a person who wishes to exercise a right under the new Act to inspect certain registers and instruments in relation to a company.
