Statutory Instruments
2009 No. 218
Companies
The Companies (Trading Disclosures) (Amendment) Regulations 2009
Made
1st February 2009
Coming into force
1st October 2009
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 82 and 1292(1)(a) of the Companies Act 2006( 1 ).
In accordance with sections 82(5) and 1290 of the Companies Act 2006, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Companies (Trading Disclosures) (Amendment) Regulations 2009 and come into force on 1st October 2009.
(2) In these Regulations “the Regulations” means the Companies (Trading Disclosures) Regulations 2008( 2 ).
Requirement to display registered name at registered office and inspection place
2. —(1)Regulation 3 of the Regulations is amended as follows.
(2) After regulation 3(2) insert—
“ (3) Paragraph (1) shall also not apply to the registered office or an inspection place of a company where—
(a) in respect of that company, a liquidator, administrator or administrative receiver has been appointed; and
(b) the registered office or inspection place is also a place of business of that liquidator, administrator or administrative receiver. ” .
Requirement to display registered name at other business locations
3. —(1)Regulation 4 of the Regulations is amended as follows.
(2) After regulation 4(3) insert—
“ (4) Paragraph (2) shall also not apply to any location at which business is carried on by a company where—
(a) in respect of that company, a liquidator, administrator or administrative receiver has been appointed; and
(b) the location is also a place of business of that liquidator, administrator or administrative receiver.
(5) Paragraph (2) shall also not apply to any location at which business is carried on by a company of which every director who is an individual is a relevant director.
(6) In this regulation—
(a) “administrative receiver” has the meaning given—
(i) in England and Wales or Scotland, by section 251 of the Insolvency Act 1986 ( 3 ) , and
(ii) in Northern Ireland, by Article 5 of the Insolvency (Northern Ireland) Order 1989 ( 4 ) ;
(b) “credit reference agency” has the meaning given in section 243(7) of the Act;
(c) “protected information” has the meaning given in section 240 of the Act; and
(d) “relevant director” means an individual in respect of whom the registrar is required by regulations made pursuant to section 243(4) of the Act to refrain from disclosing protected information to a credit reference agency. ” .
Minor amendment to regulation 7 of the Regulations
4. In regulation 7(2)(d) of the Regulations omit from “section 30” to “Order 1986” and substitute “section 60 of the Act”.
Ian Pearson
Economic and Business Minister,
Department for Business, Enterprise and Regulatory Reform
1st February 2009