Section 790LK Power of court to order company to remedy defaults or delayF1F2C1C2
Where a company makes default in complying with section 790LA, 790LC, 790LD, 790LE, 790LF, 790LG or 790LH, or regulations under section 790LI, an application may be made to the court for an order requiring the company to deliver to the registrar the information (or statements) necessary to rectify the position.
The application may be made by—
any person aggrieved by the default,
any member of the company, or
any person who is a registrable person or a registrable relevant legal entity in relation to the company.
On an application under subsection (1) the court may either refuse the application or may make the order and order the company to pay any damages sustained by any party aggrieved.
On an application under subsection (1) the court may decide—
any question as to whether the name of any person who is a party to the application should or should not be included in or omitted from information delivered to the registrar under this Chapter about persons who are a registrable person or a registrable relevant legal entity in relation to the company, and
any question necessary or expedient to be decided for rectifying the position.
Nothing in this section affects a person’s rights under section 1094 or 1096 (rectification of register).
Annotations
Textual amendments
- F1
Pt. 21A inserted (26.5.2015 for specified purposes, 6.4.2016 except for the insertion of ss. 790M(9)(c), 790W-790ZE and 30.6.2016 so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 1; S.I. 2015/1329, reg. 3(a); S.I. 2015/2029, regs. 4(a), 5(a)
- F2
Pt. 21A Ch. 2A inserted (26.10.2023 for specified purposes, 4.3.2024 for the insertion of s. 790LD for specified purposes, 18.11.2025 in force in so far as not already in force, except for the insertion of s. 790LB(2)(3) and s. 790LB(4) for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 18; S.I. 2024/269, reg. 2(z10); S.I. 2025/1118, reg. 2(1)(i)(4) (with reg. 7)
Modifications
- C1
Ss. 790LJ-790LT applied (with modifications) (18.11.2025) by S.I. 2009/2436, Sch. 1 para. 12B (as substituted by The Companies Authorised to Register, Unregistered Companies and Overseas Companies (Application of Company Law) Regulations 2025 (S.I. 2025/761), regs. 1(4), 3(6) (with regs. 5, 6))
- C2
Ss. 790LJ-790LL applied (with modifications) (18.11.2025) by S.I. 2009/1804, reg. 31DA (as inserted by The Limited Liability Partnerships (Application and Modification of Company Law) Regulations 2025 (S.I. 2025/1033), regs. 1(3)(c), 8(6) (with regs. 12-16); S.I. 2025/1118, reg. 2(1)(i))
Notes on Part 21A
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))