PART I GENERAL

Citation, commencement and extent_I1

1. These Regulations, which extend to [^F1the whole of the United Kingdom^F1] , may be cited as the European Economic Interest Grouping Regulations 1989 and shall come into force on 1st July 1989.

Interpretation_I2

2.—(1) In these Regulations—

“the 1985 Act” means the Companies Act 1985 ( 3 );

[^F2 “the 2006 Act” means the Companies Act 2006 ; ^F2]

[^F3 “ the Companies Acts ” has the meaning given by section 2 of [^F4 the 2006 Act ^F4] ; ^F3]

“the contract” means the contract for the formation of [^F5 a UKEIG or an EEIG, as the case may be ^F5] ;

“the EC Regulation” means Council Regulation (EEC) No. 2137/85 ( 4 ) [^F6 on the European Economic Interest Grouping (EEIG) ^F6] ;

[^F7 “ EEIG ” means a European Economic Interest Grouping, being a grouping—

[^F8 “ EEIG establishment ” means an establishment of an EEIG where the establishment is registered in the United Kingdom; ^F8]

[^F9 “ officer ”, in relation to a UKEIG or an EEIG, includes a manager, or any other person provided for in the contract as an organ of the UKEIG or the EEIG, as the case may be; ^F9]

[^F10 “ the registrar ” has the same meaning as in the Companies Acts (see section 1060 of the 2006 Act); ^F10]

[^F11 “ UKEIG ” means a UK Economic Interest Grouping; ^F11]

and other expressions used in these Regulations and defined [^F12for the purposes of the Companies Acts^F12] or in relation to insolvency and winding up by the Insolvency Act 1986(5) [^F13or, as regards Northern Ireland, by the Insolvency (Northern Ireland) Order 1989^F13] have the meanings assigned to them by those provisions as if any reference to a company in any such definition were a reference to [^F14a UKEIG or an EEIG, as the case may be^F14] .

^F15(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In these Regulations, “certified translation” means a translation certified to be a correct translation—

(a)if the translation was made in the United Kingdom, by

(i)a notary public in any part of the United Kingdom;

(ii)a solicitor (if the translation was made in Scotland), a solicitor of the Supreme Court of Judicature of England and Wales (if it was made in England or Wales), or a solicitor of the Supreme Court of Judicature of Northern Ireland (if it was made in Northern Ireland); or

(iii)a person certified by a person mentioned above to be known to him to be competent to translate the document into English; or

(b)if the translation was made outside the United Kingdom, by—

(i)a notary public;

(ii)a person authorised in the place where the translation was made to administer an oath;

(iii)any of the British officials mentioned in section 6 of the Commissioners for Oaths Act 1889(6);

(iv)a person certified by a person mentioned in sub-paragraph (i), (ii) or (iii) of this paragraph to be known to him to be competent to translate the document into English.

PART II PROVISIONS RELATING TO ARTICLES 1–38 OF THE EC REGULATION

Legal personality (Article 1(3) of the EC Regulation)

^F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of official address (Article 14 of the EC Regulation)

^F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Managers (Article 19(2) of the EC Regulation)_I3

^F185.—(1) A manager of [^F17a UKEIG^F17] may be a legal person other than a natural person, on condition that it designates one or more natural persons to represent it and notice of particulars of each such person is sent to the registrar ... as though he were a manager.

(2) Any natural person designated under paragraph (1) above shall be subject to the same liabilities as if he himself were a manager.

[[^F19,F20 (3) Where a notice is required to be delivered to the registrar under article 7(d) of the EC Regulation, the notice must contain—

(a)in the case of an individual, the particulars specified in section 163 of the 2006 Act,

(b)in the case of a body corporate, or a firm that is a legal person under the law by which it is governed, the particulars specified in section 164 of the 2006 Act, and section 163 of that Act in respect of the person authorised to represent the manager, and

(c)[^F21 a statement that the person appointed has consented to act as a manager of the [^F22 UKEIG^F22] .^F21,F20]]

(3A) Subsections (2) to (4) of section 163 of the 2006 Act apply for the purposes of paragraph [^F23 (3)^F23] above as they apply for the purposes of that section.

(3B) For the purposes of paragraph [^F24 (3) ^F24] above, a person’s service address may be stated to be “The [^F25 _dfnUKEIG's ^F25] official address”. ^F19]

[^F26 (3C) A notice required to be delivered to the registrar under article 7(d) of the EC Regulation must state the date of the manager’s appointment.

(3D) Notice of any changes to the particulars of a manager delivered under paragraph (3) must be delivered to the registrar stating the manager’s name registered prior to the change and the date on which the change took place.

(3E) Notice of the termination of any manager’s appointment required to be delivered to the registrar under article 7(d) of the EC Regulation must state the manager’s name and the date on which the termination took place.

(3F) Regulation 13 shall have effect for the purpose of the delivery of the notices required to be delivered to the registrar under this regulation.^F26]

^F27(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cessation of membership (Article 28(1) of the EC Regulation)_I4

6. For the purposes of national law on liquidation, winding up, insolvency or cessation of payments, a member of [^F28a UKEIG^F28] registered under these Regulations shall cease to be a member if—

(a)in the case of an individual—

(i)a bankruptcy order has been made against him in England and Wales [^F29or Northern Ireland^F29] ; or

(ii)sequestration of his estate has been awarded by the court in Scotland under the Bankruptcy (Scotland) Act 1985(7);

(b)in the case of a partnership—

(i)a winding up order has been made against the partnership in England and Wales [^F30or Northern Ireland^F30] ;

[^F31 (ii)a bankruptcy order has been made against each of the partnership’s members in England and Wales on a bankruptcy petition presented under Article 11(1) of the Insolvent Partnerships Order 1994;

(iia)a bankruptcy order has been made against each of the partnership’s members in Northern Ireland on a bankruptcy petition presented under Article 11(1) of the Insolvent Partnerships Order (Northern Ireland) 1995; or^F31]

(iii)sequestration of the estate of the partnership has been awarded by the court in Scotland under the Bankruptcy (Scotland) Act 1985;

(c)in the case of a company, the company goes into liquidation in [^F32the United Kingdom^F32] ; or

(d)in the case of any legal person or partnership, it is otherwise wound up or otherwise ceases to exist after the conclusion of winding up or insolvency.

^F34Competent authority ( [^F33Article^F33] 32(1) ... of the EC Regulation)_I5

7.[^F35—(1) The competent authority for the purposes of making an application to the court under Article 32(1) of the EC Regulation (winding up of [^F36 UKEIG^F36] in certain circumstances) shall be—

(a)in the case of [^F37 a UKEIG^F37] whose official address is in Northern Ireland, the Department of Enterprise, Trade and Investment in Northern Ireland;

(b)in any other case, the Secretary of State.^F35]

(2) The court may, on an application by [^F38the appropriate authority^F38] , order the winding up of [^F39a UKEIG^F39] , if [^F40the UKEIG^F40] acts contrary to the public interest and it is expedient in the public interest that [^F40the UKEIG^F40] should be wound up and the court is of the opinion that it is just and equitable for it to be so.

[^F41 (2A) In paragraph (2) above “ the appropriate authority ” means—

(a)in the case of [^F42 a UKEIG^F42] whose official address is in Great Britain, the Secretary of State;

(b)in the case of [^F43 a UKEIG^F43] whose official address is in Northern Ireland, the Department of Enterprise, Trade and Investment in Northern Ireland.^F41]

(3) The court, on an application by [^F44the appropriate authority^F44] , [^F45may prohibit any activity carried on in the United Kingdom by a UKEIG^F45] where such an activity is in contravention of the public interest there.

[^F46 (4) In paragraph (3) above “ the appropriate authority ” means—

(a)in the case of any activity carried on in Great Britain, the Secretary of State;

(b)in the case of any activity carried on in Northern Ireland, the Department of Enterprise, Trade and Investment in Northern Ireland.^F46]

Winding up and conclusion of liquidation (Articles 35 and 36 of the EC Regulation)_I6

^F49 8. —(1) Where [^F47 a UKEIG ^F47] is wound up as an unregistered company under Part V of the Insolvency Act 1986 , the provisions of Part V shall apply in relation to [^F48 the UKEIG ^F48] as if any reference in that Act ... to a director or past director of a company included a reference to a manager of [^F48 the UKEIG ^F48] and any other person who has or has had control or management of the [^F50 UKEIG's ^F50] business and with the modification that in section 221(1) after the words “all the provisions” there shall be added the words “of Council Regulation (EEC) No. 2137/85 and”.

[^F51 (1A) Where [^F47 a UKEIG^F47] is wound up as an unregistered company under Part 6 of the Insolvency (Northern Ireland) Order 1989, the provisions of Part 6 shall apply in relation to [^F48 the UKEIG^F48] as if—

(a)any reference in that Order to a director or past director of a company included a reference to a manager of [^F48 the UKEIG^F48] and any other person who has or has had control or management of the [^F50 UKEIG's^F50] business; and

(b) in Article 185(1) after “all the provisions” there were inserted “of Council Regulation (EEC) No 2137/85 and”. ^F51]

(2) At the end of the period of three months beginning with the day of receipt by the registrar of a notice of the conclusion of the liquidation of [^F47a UKEIG^F47] , [^F48the UKEIG^F48] shall be dissolved.

PART III REGISTRATION ETC (ARTICLE 39 OF THE EC REGULATION)

[^F52Amendment of the register on conversion and issue of certificate of conversion

9.—(1) The registrar must, within the period beginning with IP completion day and ending at the end of the day after the day on which IP completion day falls, amend the name of a grouping which is converted from an EEIG to a UKEIG under Article 1 of the EC Regulation to reflect that conversion on the register.

(2) But the registrar is not required to amend the name of a grouping for the purposes of paragraph (1) in documents and particulars relating to that grouping and filed with the registrar before IP completion day.

(3) The registrar must issue a certificate to the UKEIG (a “certificate of conversion”) to confirm that the UKEIG has converted, on IP completion day, pursuant to Article 1 of the EC Regulation.

(4) The certificate of conversion must be—

(a)signed by the registrar or authenticated by the registrar's official seal; and

(b)issued to the UKEIG within the period of 21 days beginning with IP completion day.

(5) Any communication or notice may be addressed to a UKEIG at its official address as notified to the registrar or in the case of any change of that address at any new official address notified to the registrar.

(6) Where, before IP completion day, a transfer proposal in relation to a grouping has been drawn up, filed and published under Article 14, paragraphs (1) to (4) do not apply in relation to that grouping, until such time as the registrar is satisfied that the transfer did not take effect before IP completion day.

(7) Paragraph (8) applies in relation to an EEIG—

(a)which immediately before IP completion day is registered in a Member State pursuant to a transfer of its official address from the United Kingdom to that Member State in accordance with Article 14; but

(b)whose registration in the United Kingdom has not been terminated before IP completion day.

(8) The registrar must delete the registration of an EEIG to which this paragraph applies as soon as reasonably practicable.

(9) In this regulation, “Article 14” means Article 14 of Council Regulation (EEC) No. 2137/85 of 25 July 1985 on the European Economic Interest Grouping (EEIG) as it applied in the European Union immediately before IP completion day.^F52]

Prohibition on registration of certain names_I7

[^F53 10.—(A1) This regulation applies for the purposes of registering—

(a)a new name under regulation 11; or

(b)an EEIG establishment under regulation 12.^F54]

(1)[^F55 A UKEIG or an EEIG establishment^F55] shall not be registered in the United Kingdom ^F56... above by a name which includes—

(a)any of the words or abbreviations specified in inverted commas in paragraph 1 of Schedule 2 to the [^F57 Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015^F57] ;

(b)any word or abbreviation specified as similar to a word or abbreviation falling within sub-paragraph (a) above, within the meaning of paragraph 2 of that Schedule;

(c)[^F58 in the case of a UKEIG, any of the expressions or abbreviations specified in inverted commas in sub-paragraphs (a) to (j) and (l) to (y) of paragraph 3 of that Schedule;^F58]

[^F59 (ca)in the case of an EEIG establishment, any of the expressions or abbreviations specified in inverted commas in sub-paragraphs (a) to (y) of paragraph 3 of that Schedule;^F59]

(d)any expression or abbreviation specified as similar to an expression or abbreviation falling within sub-paragraph [^F60 (c) or sub-paragraph (ca), as the case may be^F60] , within the meaning of paragraph 4 of that Schedule.

(1A) The provisions specified in paragraph (1B) below apply to [^F61 UKEIGs and EEIG establishments^F61] registered or in the process of being registered under these Regulations, as if they were companies formed and registered under the 2006 Act or in the process of being registered under the 2006 Act.

(1B) The provisions are—

(a)section 53 of the 2006 Act (prohibited names);

(b)section 54 of that Act (names suggesting connection with government or public authority);

(c)section 55 of that Act (other sensitive words or expressions);

(d)section 56 of that Act (duty to seek comments of government department or other specified body) and any regulations made by virtue of that section;

(e)section 57(3) of that Act (permitted characters etc);

(f)section 66(1) of that Act (name not to be the same as another in the index) and any regulations made under that section.

(1C) The provisions specified in paragraph (1B) above have effect with the following modifications—

(a)any reference to the 2006 Act is to be read as including a reference to these Regulations;

(b)the reference in section 56(4)(a) to a director or secretary of the company is to be read as a reference to a manager of the [^F62 UKEIG or the EEIG establishment^F62] ;

(c) any requirement imposed by regulations under section 66 to disregard the words [^F63 “UK Economic Interest Grouping”, “European Economic Interest Grouping” or the abbreviations “UKEIG” or ^F63] “EEIG” where those words or that abbreviation appears in a name—

(i)is to apply wherever in the name those words or that abbreviation appears; and

(ii)is to be taken to include a requirement to disregard the authorised equivalents of those words or that abbreviation in official languages of the [^F64 European Union^F64] other than English.

(2) Schedule 3 to these Regulations sets out the authorised equivalents referred to in paragraph (1C)(c)(ii) above.^F53]

Change of name_I8

^F6511.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F66 (1A) Sections 67(1) and 68 of the 2006 Act (power to direct change of name in case of similarity to existing name) apply to [^F67 UKEIGs and EEIG^F67] establishments, registered under these Regulations, as if they were companies formed and registered under the 2006 Act.

(1B) In the application of section 68 of the 2006 Act to [^F68 UKEIGs and EEIG^F68] establishments—

(a)subsection (5) is to be read as if—

(i)the reference in paragraph (b) to an officer of the company were a reference to an officer of the [^F69 UKEIG or the EEIG^F69] , within the meaning of these Regulations; and

(ii)the second sentence were omitted;

(b)subsection (6) is to be read as if the reference to a daily default fine were omitted.^F66]

[^F70 (2) Paragraphs (2A) and (2B) below apply where the registrar receives notice of a change of [^F71 name for a UKEIG or an EEIG establishment^F71] .

(2A) If the registrar is satisfied—

(a)that the new name complies with the requirements of regulation 10(1) and the provisions applied by regulation 10(1A) above, and

(b)that any requirements applying under or by virtue of these Regulations with respect to a change of name are complied with,

the registrar shall enter the new name on the register in place of the former name.

(2B) On the registration of the new name, the registrar shall issue a certificate of registration altered to meet the circumstances of the case.

(3) A change of [^F72 name for a UKEIG or an EEIG establishment^F72] has effect from the date on which the new certificate of registration is issued.

(4) The change does not affect any rights or obligations of the [^F73 UKEIG or the EEIG establishment^F73] or render defective any legal proceedings by or against it.

(5) Any legal proceedings that might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.^F70]

Registration of establishment of EEIG whose official address is outside the United Kingdom_I9

12.—(1) The registrar for the purposes of registration under this regulation of an EEIG establishment situated in [^F74the United Kingdom^F74] where the EEIG’s official address is outside the United Kingdom shall be the registrar within the meaning of [^F75the Companies Acts^F75] .

(2) For the purposes of registration under paragraph (1) above there shall be delivered, within one month of the establishment becoming so situated at any place in [^F76the United Kingdom^F76] , to the registrar at the registration office in England and Wales [^F77, Scotland or Northern Ireland^F77] , according to where the establishment is situated, a certified copy of the contract together with—

(a)^F78a certified translation into English of the contract and other documents and particulars to be filed with it under article 10 of the EC Regulation if the contract and other documents and particulars, or any part thereof, are not in English; ...

[^F79 (b)an application for registration containing the following particulars—

(i)a statement of the names and particulars set out in [^F80 the first paragraph of Article 5 and in Article^F80] 10 of the EC Regulation;

(ii)the name of the Member State in which the official address of the EEIG is situated; and

(iii)the address of the EEIG’s establishment being registered in the United Kingdom; and^F79]

[^F81 (c)a statement that all the requirements of these Regulations and of the EC Regulation as to registration have been complied with.^F81]

[^F82 (2A) An application under paragraph (2)(b) may also contain a statement under regulation 12A(2).^F82]

(3) Paragraph (2) above shall not apply where an establishment is already registered in [^F83the United Kingdom^F83] under paragraph (1) above.

(4) The registrar shall not register an EEIG establishment under this regulation unless he is satisfied that all the requirements of these Regulations and of the EC Regulation[^F84 as to registration have been complied with but the registrar may accept a statement under paragraph (2)(c)^F84] as sufficient evidence of compliance.

(5) Subject to paragraph (4) above, the registrar shall retain the copy of the contract, and any certified translation, delivered to him under paragraph (2) above and register the EEIG establishment.

(6) Any communication or notice may be addressed to an EEIG where its official address is outside the United Kingdom at any of its establishments in [^F85the United Kingdom^F85] .

^F86(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) If an EEIG fails to comply with any provision of paragraph (2) above, the EEIG, and any officer of it who intentionally authorises or permits the default, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and if the failure to comply with any such provision continues after conviction, the EEIG and any such officer shall be guilty of a further offence of failure to comply with that provision and shall be liable to be proceeded against and punished accordingly.

[^F87 (9) For the purposes of carrying out the obligation at paragraph (2)(b)(i), the first paragraph of Article 5 of the EC Regulation must be read as if references in that paragraph to “the grouping” or “a grouping” were references to “the EEIG” or “an EEIG”. ^F87]

[^F88Registration under alternative name

12A.—(1) This regulation applies to an EEIG—

(a)whose official address is outside the United Kingdom, and

(b)which has an establishment that is registered or is in the process of being registered under regulation 12 above.

[^F89 (2) The EEIG may at any time deliver to the registrar a statement specifying a name, other than its grouping name, under which it proposes to carry on business in the United Kingdom.

(3) A statement under paragraph (2) must contain the following particulars—

(a)the EEIG’s registered number and name;

(b)the Member State in which the EEIG’s official address is situated;

(c)the proposed name; and

(d)in cases where a duty arises under section 56 of the 2006 Act (as it applies in accordance with regulation 10) to seek comments of a specified government department or other body regarding the proposed name, a statement that such a request has been made and a copy of any response received.

(3A) An EEIG that has delivered a statement under paragraph (2) may at any time deliver to the registrar a further statement specifying a name, other than its grouping name, under which it proposes to carry on business in the United Kingdom.

(3B) The statement under paragraph (3A) must contain the particulars specified in sub-paragraphs (a) to (d) of paragraph (3).^F89]

(4) The alternative name for the time being registered under this regulation is treated for all purposes of the law applying in the United Kingdom as the EEIG’s grouping name.

(5) This does not—

(a)affect the references in this regulation to the EEIG’s grouping name,

(b)affect any rights or obligations of the EEIG, or

(c)render defective any legal proceedings by or against the EEIG.

(6) Any legal proceedings that might have been continued or commenced against the EEIG by its grouping name, or any name previously registered under this regulation, may be continued or commenced against it by its name for the time being so registered.

(7) Any reference in this regulation to the “grouping name” of an EEIG is a reference to the name of the EEIG referred to in the contract for its formation. ^F88]

[^F90Delivery of documents

13.—(1) This regulation applies to the documents and particulars which are—

(a)referred to in paragraphs (a) to (j) of article 7 of the EC Regulation, and

(b)are required to be filed ^F91... in accordance with these Regulations.

(2) The documents and particulars referred to in paragraph (1) must be delivered to the registrar—

(a)in the case of [^F92 a UKEIG^F92] , within 15 days of the event to which the document in question relates;

(b)in the case of an EEIG ^F93..., within 30 days of such event.

(3) The following must be delivered to the registrar with any documents and particulars under paragraph (1)—

[^F94 (a)particulars of the UKEIG's or the EEIG's registered number and name, and, in the case of an EEIG, the Member State in which its official address is situated,^F94]

(b)a translation into English of any documents and particulars being delivered, or any part of those documents and particulars that are not in English, certified as an accurate translation.

(4) Where a notice is filed in accordance with article 7(b) of the EC Regulation—

(a)the notice must contain particulars of the address at which the establishment has been set up or closed, and

(b)where [^F95 , in the case of the closure of an EEIG establishment,^F95] the EEIG will have more than one address in the UK, the notice may contain particulars of an address in the United Kingdom at which the EEIG wishes to receive correspondence.

(5) If [^F96 a UKEIG or^F96] an EEIG fails to comply with any provision of this regulation, [^F97 the UKEIG or^F97] the EEIG, and any officer of [^F97 the UKEIG or^F97] the EEIG who intentionally authorises or permits the default, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and if the failure to comply with any such provision continues after conviction, [^F97 the UKEIG or^F97] the EEIG and any such officer shall be guilty of a further offence of failure to comply with that provision and shall be liable to be proceeded against and punished accordingly.^F90]

Inspection of documents_I10

14. Any person may—

(a)inspect any document or particulars kept by the registrar under these Regulations or a copy thereof; and

(b)require the registrar to deliver or send by post to him a copy or extract of any such document or particulars or any part thereof.

[^F98Publication of documents in the Gazette

15. The registrar must cause to be published in the Gazette—

(a)any amendments (stated in full) to the particulars which must be included in the contract for the formation of a grouping pursuant to the first paragraph of Article 5 of the EC Regulation and which are filed with the registrar;

(b)notice (stated in full) of the termination of a grouping's registration;

(c)in the case of those documents and particulars referred to in Article 7(b) to (j) of the EC Regulation, a notice stating the name of the UKEIG or the EEIG, the description of the documents or particulars and the date of receipt.^F98]

[^F99UKEIG and EEIG establishment^F99] identification_I11

16.—(1) If [^F100a UKEIG or an EEIG^F100] fails to comply with article 25 of the EC Regulation it is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) If an officer of [^F101a UKEIG or an EEIG^F101] or a person on its behalf issues or authorises the issue of any letter, order form or similar document not complying with the requirements of article 25 of the EC Regulation, he is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

PART IV SUPPLEMENTAL PROVISIONS

Application of the Business Names Act 1985

^F10217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F103Application of provisions of the Companies Acts

18.—(1) The provisions of the Companies Acts specified in Schedule 4 to these Regulations apply to [^F104 UKEIGs and EEIG establishments^F104] registered or in the process of being registered under these Regulations, as if they were companies formed and registered or in the process of being registered under [^F105 the 2006 Act^F105] .

(2) The provisions applied have effect with the following adaptations—

(a)any reference to the 1985 Act [^F106 , the 2006 Act^F106] or the Companies Acts includes a reference to these Regulations;

(b)any reference to a registered office includes a reference to an official address;

[^F107 (ba)any reference to the register is to be read as a reference to the [^F108 Groupings^F108] register;

(bb)any reference to an officer of a company is to be read as a reference to an officer of [^F109 a UKEIG or an EEIG^F109] , within the meaning of these Regulations;^F107]

(c)any reference to a daily default fine shall be omitted.

(3) The provisions applied also have effect subject to any limitations mentioned in relation to those provisions in that Schedule.^F103]

[^F110 (4) In this regulation “the [^F111 Groupings ^F111] register” means—

(a)the documents and particulars required to be kept by the registrar under these Regulations; and

(b)the records falling within section 1080(1) of the 2006 Act which relate to [^F112 UKEIGs or EEIG establishments^F112] .

(5) This regulation does not affect the application of provisions of the Companies Acts to [^F113 UKEIGs or EEIG establishments^F113] otherwise than by virtue of this regulation.^F110]

[^F114Application of insolvency legislation^F114] _I12

19.—(1) Part III of the Insolvency Act 1986 shall apply to [^F115UKEIGs and EEIG establishments^F115] registered under these Regulations [^F116in England and Wales or Scotland^F116] , as if they were companies registered under [^F117the 2006 Act^F117] .

[^F118 (1A) Part 4 of the Insolvency (Northern Ireland) Order 1989 shall apply to [^F119 UKEIGs and EEIG establishments^F119] registered under these Regulations in Northern Ireland, as if they were companies registered under the 2006 Act.^F118]

(2) Section 120 of the Insolvency Act 1986 shall apply to [^F120a UKEIG and an EEIG establishment^F120] registered under these Regulations in Scotland, as if it were a company registered in Scotland the paid-up or credited as paid-up share capital of which did not exceed £120,000 and as if in that section any reference to the Company’s registered office were a reference to the official address of [^F121the UKEIG or the EEIG^F121] .

[^F122Application of legislation relating to disqualification of directors^F122] _I13

20.[^F123—(1)^F123] Where [^F124a UKEIG or an EEIG establishment^F124] is wound up as an unregistered company under Part V of the Insolvency Act 1986, the provisions of sections 1, 2, [^F1254 to 7, 8, 9, 10, 11^F125] , 12(2), 15 to 17, 20 and 22 of, and Schedule 1 to, the Company Directors Disqualification Act 1986(8) shall apply in relation to [^F126the UKEIG or the EEIG establishment^F126] as if any reference to a director or past director of a company included a reference to a manager of [^F126the UKEIG or the EEIG establishment^F126] and any other person who has or has had control or management of [^F127the UKEIG's or the EEIG establishment's^F127] business and [^F126the UKEIG or the EEIG establishment^F126] were a company as defined by section 22(2)(b) of that Act.

[^F128 (2) Where [^F124 a UKEIG or an EEIG establishment^F124] is wound up as an unregistered company under Part 6 of the Insolvency (Northern Ireland) Order 1989 the provisions of Articles 2(2) to (6), 3, 5, 7 to 11, 13, 14, 15, 16(2), 19 to 21 and 23 of, and Schedule 1 to, the Company Directors Disqualification (Northern Ireland) Order 2002 shall apply in relation to [^F126 the UKEIG or the EEIG establishment^F126] as if—

(a)any reference to a director or past director of a company included a reference to a manager of [^F126 the UKEIG or the EEIG establishment^F126] and any other person who has or has had control or management of [^F127 the UKEIG's or the EEIG establishment's^F127] business; and

(b)[^F126 the UKEIG or the EEIG establishment^F126] were a company as defined by Article 2(2) of that Order.^F128]

Penalties

^F12921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F130SCHEDULE 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F131SCHEDULE 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 10(2)

SCHEDULE 3 ^F132AUTHORISED EQUIVALENTS IN ... COMMUNITY OFFICIAL LANGUAGES OF “EUROPEAN ECONOMIC INTEREST GROUPING” AND “EEIG” _I14

DANISH:

Europæiske Økonomiske Firmagruppe (EØFG)

DUTCH:

Europese Economische Samenwerkingsverbanden (EESV)

FRENCH:

Groupement Européen d'intérêt économique (GEIE)

GERMAN:

Europäische Wirtschaftliche Interessenvereinigung (EWIV)

GREEK:

Ευρωπαϊκός όμιλος οικονομικού σκοπού (ΕΟΟΣ) (written phonetically in letters of the Latin alphabet as “Evropaikos omilos economicou skopou (EOOS)”)

IRISH:

Grupail Eorpach um Leas Eacnamaioch (GELE)

ITALIAN:

Gruppo Europeo di Interesse Economico (GEIE)

PORTUGUESE:

Agrupamento Europeu de Interesse Econômico (AEIE)

SPANISH:

Agrupación Europea de Interés Económico (AEIE)

Regulation 18

SCHEDULE 4 PROVISIONS OF [^F133COMPANIES ACTS^F133] APPLYING TO [^F134UKEIGs AND EEIG ESTABLISHMENTS^F134]

[^F135PART 1 PROVISIONS OF COMPANIES ACT 1985^F135] _{I15,I16,I17,I18,I19,I20,I21,I22,I23,I24,I25,I26,I27,I28,I29,I30,I31,I32,I33,I34,I35,I36,I37,I38}

^F1361. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1362. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1363. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.[^F137 section 432(1), (2) and (2A)^F137] .

6. section 434 so far as it refers to inspectors appointed under section 432 as applied by regulation 18 above and this Schedule.

7. section 436 so far as it refers to inspectors appointed under section 432, and to section 434, as applied by regulation 18 above and this Schedule.

8. sections [^F138437 and 439^F138] .

9. section 441 so far as it applies to inspectors appointed under section 432 as applied by regulation 18 above and this Schedule.

^F14010.[^F139 sections 447 and 447A^F139] , ....

11. sections 448 to 452.

^F14112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. Part XVIII relating to floating charges and receivers (Scotland).

^F14214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F144PART 2 PROVISIONS OF COMPANIES ACT 2006

[^F145 25. Section 75 (provision of misleading information etc), as if the second sentence of subsection (5) were omitted.

26. Part 25 (company charges).

27. Section 993 (offence of fraudulent trading).

28. Section 1066(2) to (4) (registered numbers).

29. Section 1081 (annotation of the register), as if—

(a) after subsection (1) there were inserted—

“(1A) Where it appears to the registrar that material on the register is misleading or confusing, the registrar may place a note in the register containing such information as appears to the registrar to be necessary to remedy, as far as possible, the misleading or confusing nature of the material.”, and

(b) subsection (5) were omitted.

30. Section 1082 (allocation of unique identifiers), as if—

(a) the reference in subsection (1)(a) to a director of a company were a reference to a manager of [^F146 a UKEIG or an EEIG^F146] , and

(b) paragraphs (b) and (c) of subsection (1) were omitted.

[^F147 31. In section 1084 (records relating to companies that have been dissolved etc) subsections (1) to (3).^F147]

[^F148 32. In section 1087 (material not available for public inspection)—

(a) subsection (1)(a), (d), (da) and (f), and

(b) subsections (2) and (3), so far as relating to material falling within paragraph (a), (d), (da) or (f) of subsection (1).^F148]

[^F149 32A.—(1) Sections 1087A (protection of date of birth information), 1087B(1) and (2) (protection of date of birth information in old documents) and 1087C (disclosure of date of birth information).

(2) For the purposes of sub-paragraph (1), section 243 will apply in so far as necessary for the application of section 1087C.^F149]

33. Section 1089(1) (form of application for inspection or copy), as if—

(a) the reference to inspection under section 1085 were a reference to inspection under regulation 14(a) above, and

(b) the reference to a copy under section 1086 were a reference to a copy or extract under regulation 14(b) above.

[^F150 34. Section 1090 (power to determine form and manner in which copies to be provided), as if the reference to copies being provided under section 1086 were a reference to copies and extracts being provided under regulation 14(b).^F150]

[^F151 35. Section 1091 (certification of copies as accurate), as if—

(a) any reference in that section to copies were a reference to copies or extracts,

(b) any reference to section 1086 were a reference to regulation 14(b),

(c) subsection (4) were omitted.^F151]

[^F152 36. Section 1094 (removal of material from the register), as if it reads as follows—

“1094. Removal of material from the register

(1) The registrar may remove from the register anything that appears to the registrar to be—

(a)a document, or material derived from a document, accepted under section 1073 (power to accept documents not meeting requirements for proper delivery), or

(b)unnecessary material as defined by section 1074.

(2) The power to remove material from the register under this section may be exercised—

(a)on the registrar’s own motion, or

(b)on an application made in accordance with regulations under section 1094A(2).

(3) The registrar may exercise the power to remove from the register anything the registration of which had legal consequences only if satisfied that the interest of the UKEIG or EEIG establishment, or (if different) the applicant, in removing the material outweighs any interest of other persons in the material continuing to appear on the register.

(4) The Secretary of State may by regulations provide that the registrar’s power to remove material from the register under this section following an application is limited to material of a description specified in the regulations.

(5) Regulations under this section are subject to the negative resolution procedure.”;^F152]

[^F153 36A. Section 1094A (further provision about removal of material from the register).^F153]

[^F154 36B. Section 1094B (power of court to make consequential orders following removal).^F154]

[^F155 37. Sections 1112 (false statements: basic offence) and 1112A (false statements: aggravated offence).^F155]

[^F156 38. Section 1117 (registrar's rules), so far as relating to sections 1066(2), 1089(1) and 1090.^F156]

39. The following provisions of Part 36 (offences), so far as relating to offences under sections applied by these Regulations—

(a) section 1121 (liability of officer in default), as if subsection (2) were omitted;

(b) section 1122 (liability of company as officer in default) , as if the words ““officer” and” in subsection (3) were omitted;

(c) sections 1126 to 1130 (consents for prosecutions, venue and time limit for summary proceedings, privilege and unincorporated bodies);

(d) section 1132 (production and inspection of documents where offence suspected), as if the reference in subsection (3)(b) to the secretary of the company were omitted;

(e) section 1133 (provisions not to apply to offences committed before commencement).

40. Sections 1139 to 1141 (service addresses), as if the reference in section 1140(2)(a) to a director or secretary of a company were a reference to a manager of [^F157 a UKEIG or an EEIG^F157] .^F145,F144]]