OpenLegislation

Section 1098D Delivery of applications under section 1098B on behalf of a firmF1

An application under section 1098B by a firm mentioned in the first column of the table—

(a)

must be delivered to the registrar on its behalf by a relevant officer mentioned in the second column who is an individual (see also section 1067A(2)), and

(b)

must be accompanied by a statement by the individual confirming their status as a relevant officer of the firm.

FirmRelevant officer
companydirector
body corporate other than a company
  1. (a)

    where the body’s affairs are managed by its members, a member of the body;

  2. (b)

    in any other case, any officer of the body whose functions correspond to that of a director of a company.

partnership
  1. (a)

    in relation to a limited partnership, a general partner as defined by section 3 of the Limited Partnerships Act 1907;

  2. (b)

    in relation to any other partnership, a member of the partnership

unincorporated body other than a partnership
  1. (a)

    where the body’s affairs are managed by its members, a member of the body;

  2. (b)

    in any other case, a member of the governing body.

Annotations

Textual amendments

F1

S. 1098A-1098H and cross-heading inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, 18.3.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 66(4), 219(1)(2)(b); S.I. 2025/349, reg. 2(a)

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