OpenLegislation

The Companies (Forms) (Amendment) Regulations 2005

S.I. 2005/2747 · Made 28 September 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

COMPANIES

Made 28th September 2005

Coming into force 1st October 2005

The Secretary of State, in exercise of the powers conferred on him by sections 88(2), 88(3) and 744 of the Companies Act 1985f1 and of all other powers enabling him in that behalf hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1985 c. 6; sections 88(3) and (4) were amended by the Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I. 2003/2868). See the definition of “prescribed” in section 744 of the Companies Act 1985.

Contents

  1. 1Regulation 1
  2. 2Regulation 2
  3. 3Regulation 3
  4. Signature
  5. Schedule Schedule
  6. Explanatory note

1

These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 2005 and shall come into force on 1st October 2005.

2

Forms 88(2) (Revised 2005) and 88(3) (Revised 2005) in the Schedule to these Regulations, with such variations as circumstances require, are forms prescribed for the purposes of sections 88(2) and 88(3) respectively of the Companies Act 1985 in relation to allotments of shares made on or after 1st December 2003.

3

(1)

Except to the extent specified in paragraph 3(2), the following forms shall cease to be prescribed in relation to allotments of shares made on or after 1st December 2003—

(a)

Form 88(2) in the Schedule to the Companies (Forms) (Amendment) (No.2) Regulations 1999f1,

(b)

Form 88(3) in Schedule 3 to the Companies (Forms) Regulations 1985f2.

(2)

Notwithstanding paragraph 3(1), the forms mentioned in that paragraph may continue to be used for a return delivered to the registrar before 31st October 2006.

Signature

Claire Clancy

for the Secretary of State

Department of Trade and Industry

28th September 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe amended forms 88(2) (Revised 2005) and 88(3) (Revised 2005) for use in relation to allotments of shares made on or after 1st December 2003. The amendments to the forms are to take account of the abolition of stamp duty (except on instruments relating to stock or marketable securities) under the provisions of Part 4 of the Finance Act 2003 (c. 14) and the consequential amendment of section 88 of the Companies Act 1985 (c. 6) by the Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I. 2003/2868).

Form 88(2) prescribed by the Companies (Forms) (Amendment) (No.2) Regulations 1999 and the form 88(3) prescribed by the Companies (Forms) Regulations 1985 continue to be prescribed in relation to allotments made before 1st December 2003. They may also be used for returns made before 31st October 2006 in relation to allotments made on or after 1st December 2003.