Statutory Instruments
2004 No. 2407
FEES AND CHARGES
The European Public Limited-Liability Company (Fees) Regulations 2004
Made
13th September 2004
Laid before Parliament
15th September 2004
Coming into force
8th October 2004
The Secretary of State for Trade and Industry, with the consent of the Treasury, in exercise of the powers conferred on her by section 56(1) and (2) of the Finance Act 1973( 1 ) and of all other powers enabling her in that behalf, hereby makes the following Regulations —
1. These Regulations may be cited as the European Public Limited-Liability Company (Fees) Regulations 2004 and shall come into force on 8th October 2004.
2. In these Regulations, unless the context otherwise requires —
“the 1985 Act” means the Companies Act 1985( 2 );
“the EC Regulation” means Council Regulation 2157/2001/EC( 3 ) of 8th October 2001 on the Statute for a European company;
“the principal Regulations” means the European Public Limited-Liability Company Regulations 2004( 4 );
“public company” means a public company as defined in section 744 of the 1985 Act( 5 );
“the registrar” means the registrar of companies as defined in section 744 of the 1985 Act;
“the relevant Community obligations” means the Community obligations of the United Kingdom set out in Articles 2, 3, 8 and 66 of the EC Regulation;
“SE” means a European public limited-liability company formed in pursuance of Article 1 of the EC Regulation.
3. The fees payable in connection with the services and facilities provided by the Department of Trade and Industry in pursuance of the relevant Community obligations relating to the matters set out in the first column of the Schedule to these Regulations, implemented in part by the principal Regulations, are the fees payable to the registrar set out in the second column of the Schedule.
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
6th September 2004
We consent
Nick Ainger,
Derek Twigg,
Two of the Lords Commissioners of Her Majesty’s Treasury
13th September 2004
Regulation 3
SCHEDULE FEES TO BE PAID TO THE REGISTRAR
| Matter in respect of which fee is payable | Amount of fee |
|---|---|
1. For registration of an SE whose registered office is in Great Britain on its formation — | |
(a) by merger in accordance with Article 2(1) of the EC Regulation | £20.00 |
(b) by the formation of a holding SE in accordance with Article 2(2) of the EC Regulation | £20.00 |
(c) by the formation of a subsidiary SE in accordance with Article 2(3) of the EC Regulation | £20.00 |
(d) by the transformation of a public company in accordance with Article 2(4) of the EC Regulation | £20.00 |
(e) by the formation of a subsidiary SE in accordance with Article 3(2) of the EC Regulation | £20.00 |
2. For registration of a public company by the conversion of an SE in accordance with Article 66 of the EC Regulation | £20.00 |
3. For registration of an SE on the transfer of its registered office to Great Britain in accordance with Article 8 of the EC Regulation | £20.00 |
4. For an application for a certificate under Article 8(8) of the EC Regulation attesting to the completion of the acts and formalities to be accomplished before the transfer of the registered office of an SE from Great Britain | £20.00 |
OJ L294 10.11.2001 p.1.
S.I. 2004/2326 .
Section 744 has been amended in a manner not relevant to these Regulations.