OpenLegislation

Section 1081 Annotation of the registerI1C1C2C3C4C5C6C7

United Kingdom

(1)

The registrar must place a note in the register recording—

(a)

the date on which a document is delivered to the registrar;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

if a document is replaced (whether or not material derived from it is removed), the fact that it has been replaced and the date of delivery of the replacement;

(d)

if material is removed—

(i)

what was removed (giving a general description of its contents),

(ii)

under what power, and

(iii)

the date on which that was done.

F2(e)

if a document is rectified under section 859M, the nature and date of rectification;

(f)

if a document is replaced under section 859N, the fact that it has been replaced and the date of delivery of the replacement.

F3(1A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The Secretary of State may make provision by regulations—

(a)

authorising or requiring the registrar to annotate the register in such other circumstances as may be specified in the regulations, and

(b)

as to the contents of any such annotation.

(3)

No annotation is required in the case of a document that by virtue of section 1072(2) (documents not meeting requirements for proper delivery) is treated as not having been delivered.

(4)

A note may be removed if it no longer serves any useful purpose.

(5)

Any duty or power of the registrar with respect to annotation of the register is subject to the court's power under section 1097 (powers of court on ordering removal of material from the register) to direct—

(a)

that a note be removed from the register, or

(b)

that no note shall be made of the removal of material that is the subject of the court's order.

(6)

Notes placed in the register in accordance with subsection (1) F4..., or in pursuance of regulations under subsection (2) F5or of any other enactment, are part of the register for all purposes of the Companies Acts.

(7)

Regulations under this section are subject to negative resolution procedure.

Annotations

Textual amendments

F1

S. 1081(1)(b) omitted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 80(3), 219(1)(2)(b); S.I. 2024/269, reg. 2(z22)

F2

S. 1081(1)(e)(f) inserted (6.4.2013) by The Companies Act 2006 (Amendment of Part 25) Regulations 2013 (S.I. 2013/600), reg. 1, Sch. 2 para. 3(4) (with reg. 6)

F3

S. 1081(1A) omitted (26.10.2023 for specified purposes, 26.1.2026 in so far as not already in force) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 1 para. 23(2); S.I. 2026/57, reg. 2

F4

Words in s. 1081(6) omitted (26.10.2023 for specified purposes, 26.1.2026 in so far as not already in force) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 1 para. 23(3); S.I. 2026/57, reg. 2

F5

Words in s. 1081(6) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 19(4), 219(1)(2)(b); S.I. 2024/269, reg. 2(o)

Modifications

C1

S. 1081 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), reg. 4(1)(a) (with transitional provisions in Sch. 1 para. 2)

C2

S. 1081 applied (with modifications) (9.7.2009 for certain purposes otherwise 1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 64 (with reg. 60, Sch. 1 paras. 29, 34, 35) (as amended (6.4.2013) by S.I. 2013/618, reg. 3 (with reg. 8(4)); and (4.3.2024) by S.I. 2024/54, regs. 1(2)(a), 14; S.I. 2024/269, reg. 2)

C3

S. 1081 modified by The European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), reg. 13(1B), Sch. 1A para. 1 (as inserted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), reg. {37})

C4

S. 1081 applied (with modifications) (26.6.2017) by The Scottish Partnerships (Register of People with Significant Control) Regulations 2017 (S.I. 2017/694), regs. 1(1), 59

C5

S. 1081 modified (31.1.2019) by The Further Education Bodies (Insolvency) Regulations 2019 (S.I. 2019/138), regs. 1(1), 4(1), 39(e) (with regs. 1(2), 3(c))

C6

S. 1081 power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)

C7

S. 1081 applied (with modifications) (18.11.2025) by S.I. 2009/2436, Sch. 1 para. 20(1ZA) (as inserted by The Companies and Limited Liability Partnerships (Annotations, Application and Modification of Company Law and Consequential Amendments) Regulations 2025 (S.I. 2025/1116), regs. 1(2), 5(6); S.I. 2025/1118, reg. 2(g))

Commencement

I1

S. 1081 wholly in force at 1.10.2009; s. 1081 not in force at Royal Assent, see s. 1300; s. 1081 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 1081 otherwise in force at 1.10.2009 by S.I. 2008/2860, art. 3(r) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)

Notes on Part 35

Modifications

C1

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))

C2

Pt. 35 applied (with modifications) (31.12.2020) by The International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/685), reg. 1(2), Sch. 3 para. 3; 2020 c. 1, Sch. 5 para. 1(1)

C3

Pt. 35 modified (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 para. 5(b) (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 21(7)(a))

C4

Pt. 35 modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 6(1)(3)

C5

Pt. 35 applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 27, Sch. 6 Pt. 2 para. 5(3)

C6

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