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Foreign Corporations Act 1991

1991 CHAPTER 44 I1

An Act to make provision about the status in the United Kingdom of bodies incorporated or formerly incorporated under the laws of certain territories outside the United Kingdom.

[25th July 1991]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Recognition of corporate status of certain foreign corporations.

(1) If at any time—

(a) any question arises whether a body which purports to have or, as the case may be, which appears to have lost corporate status under the laws of a territory which is not at that time a recognised State should or should not be regarded as having legal personality as a body corporate under the law of any part of the United Kingdom, and

(b) it appears that the laws of that territory are at that time applied by a settled court system in that territory,

that question and any other material question relating to the body shall be determined (and account shall be taken of those laws) as if that territory were a recognised State.

(2) For the purposes of subsection (1) above—

(a) a recognised State ” is a territory which is recognised by Her Majesty’s Government in the United Kingdom as a State;

(b) the laws of a territory which is so recognised shall be taken to include the laws of any part of the territory which are acknowledged by the federal or other central government of the territory as a whole; and

(c) a material question is a question (whether as to capacity, constitution or otherwise) which, in the case of a body corporate, falls to be determined by reference to the laws of the territory under which the body is incorporated.

(3) Any registration or other thing done at a time before the coming into force of this section shall be regarded as valid if it would have been valid at that time, had subsections (1) and (2) above then been in force.

2 Citation, extent and commencement.

(1) This Act may be cited as the Foreign Corporations Act 1991.

(2) This Act extends to Northern Ireland.

(3) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

Status: There are currently no known outstanding effects for the Foreign Corporations Act 1991.
Foreign Corporations Act 1991 (1991/44)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
I1Act fully in force at 25.9.1991 see s. 2(3) .
Defined TermSection/ArticleIDScope of Application
a recognised States. 1legTermoW20r4al
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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