Section 1008 Copy of application: provisions as to service of documentsC1

(1)

The following provisions have effect for the purposes of—

section 1006 (copy of application to be given to members, employees, etc), and
section 1007 (copy of application to be given to new members, employees, etc).

(2)

A document is treated as given to a person if it is—

(a)

delivered to him, or

(b)

left at his proper address, or

(c)

sent by post to him at that address.

(3)

For the purposes of subsection (2) and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) as it applies in relation to that subsection, the proper address of a person is—

(a)

in the case of a firm incorporated or formed in the United Kingdom, its registered or principal office;

(b)

in the case of a firm incorporated or formed outside the United Kingdom—

(i)

if it has a place of business in the United Kingdom, its principal office in the United Kingdom, or

(ii)

if it does not have a place of business in the United Kingdom, its registered or principal office;

(c)

in the case of an individual, his last known address.

(4)

In the case of a creditor of the company a document is treated as given to him if it is left or sent by post to him—

(a)

at the place of business of his with which the company has had dealings by virtue of which he is a creditor of the company, or

(b)

if there is more than one such place of business, at each of them.

Annotations

Modifications

C1: Ss. 1003-1011 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 51 (as amended: (10.10.2015) by The Companies and Limited Liability Partnerships (Filing Requirements) Regulations 2015 (S.I. 2015/1695), regs. 1, 5(4); (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 3 para. 4 (which amending S.I. is revoked (16.2.2021) by S.I. 2021/60, reg. 1(1), 2); and (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 3 para. 4 (with reg. 4(2)))

Notes on Part 31

Modifications

C1: Pt. 31 power to apply (with modifications) conferred (E.W.S.) (1.12.2013) by Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c. 7), ss. 4(1)(2)(c), 8(2); S.I. 2013/2936, art. 2
C2: Pt. 31 power to apply (with modifications) conferred (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 135, 154 (with Sch. 5)
C3: Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
C4: Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2