PART 1 INTRODUCTORY

Citation, commencement, application and interpretation

1. —(1) These Regulations may be cited as the Companies (Company Records) Regulations 2008 and come into force on 1st October 2009.

(2) Part 4 applies to any request made on or after 1st October 2009 to be provided with a copy of a company record.

(3) In these Regulations “the Act” means the Companies Act 2006.

Revocations and saving

2. —(1) The following Regulations are revoked subject to paragraph (2)—

(a) the Companies (Inspection and Copying of Registers, Indices and Documents) Regulations 1991( 2 ) (“the 1991 Regulations”); and

(b) the Companies (Inspection and Copying of Registers, Indices and Documents) Regulations (Northern Ireland) 1993( 3 ) (“the 1993 Regulations”).

(2) The 1991 Regulations and the 1993 Regulations continue to apply to any request made before 1st October 2009 to be provided with a copy of a company record.

PART 2 ALTERNATIVE INSPECTION LOCATION

Single alternative inspection location

3. The specified place in respect of the relevant provisions listed in section 1136(2) of the Act—

(a) is a place that is situated in the part of the United Kingdom in which the company is registered;

(b) must be the same place for all the relevant provisions; and

(c) must have been notified to the registrar as being the company’s alternative inspection location.

PART 3 INSPECTION OF COMPANY RECORDS

Inspection: private company

4. —(1) A private company shall make its company records available for inspection by a person on a day which has been specified by that person (“the specified day”) provided that—

(a) the specified day is a working day; and

(b) that person gives the company the required notice of the specified day.

(2) The required notice is at least 2 working days’ notice of the specified day if the notice is given—

(a) during the period of notice for a general meeting or a class meeting; or

(b) where the company circulates a written resolution, during the period provided for in section 297(1) of the Act,

provided that the notice given both begins and ends during the period referred to in sub-paragraph (a) or (b) (as the case may be).

(3) In all other cases the required notice is at least 10 working days’ notice of the specified day.

(4) When the person gives notice of the specified day he shall also give notice of the time on that day at which he wishes to start the inspection (which shall be any time between 9 am and 3 pm) and the company shall make its company records available for inspection by that person for a period of at least 2 hours beginning with that time.

Inspection: public company

5. A public company shall make its company records available for inspection for at least 2 hours between 9 am and 5 pm on each working day.

Inspection: general

6. —(1) A company is not required for the purposes of inspection of a company record to present information in that record in a different order, structure or form from that set out in that record.

(2) A company shall permit a person to make a copy of the whole or any part of a company record in the course of inspection at—

(a) the location at which the record is made available for inspection; and

(b) any time during which the record is made available for inspection,

but a company is not required to assist that person in making his copy of that record.

PART 4 PROVISION OF COPIES OF COMPANY RECORDS

Right to hard copy

7. Where a company is requested to provide a copy of a company record in hard copy form, the company shall provide that copy in hard copy form.

Copy in electronic form

8. —(1) Where a person requests a company to provide a copy of a company record in electronic form, the company shall provide that copy in such electronic form as the company shall decide.

(2) But where a company keeps a company record in hard copy form only, it is not required to provide a copy of that record in electronic form.

(3) Where a company provides a copy of a company record in electronic form to a member of the company or to a holder of the company’s debentures, the company is not required to provide a hard copy of that record in accordance with section 1145 of the Act.

Re-ordering of information in copy of record

9. A company is not required to present information in a copy of a company record that it provides in a different order, structure or form from that set out in the record.