OpenLegislation

Paragraph 3 Registrar of companies to whom notices to be delivered

(1)

References in Schedules 2 and 3 to the registrar of companies in relation to a relevant company shall be construed in accordance with the following provisions.

(2)

The notices which a relevant company is required to deliver to the registrar of companies shall be delivered—

(a)

to the registrar for England and Wales if the company has a relevant presence in England and Wales, and

(b)

to the registrar for Scotland if the company has a relevant presence in Scotland,

and if the relevant company has a relevant presence in both parts of Great Britain, the notices shall be delivered to both registrars.

(3)

For the purposes of this paragraph a “relevant presence” means—

(a)

in the case of a company within the meaning of section 735(1) of the 1985 Act, its registered office,

(b)

in the case of an unregistered company within the meaning of Part 5 of the 1986 Act which is subject to a requirement imposed by virtue of section 690A of the 1985 Act M1, a branch,

(c)

in the case of an unregistered company within the meaning of Part 5 of the 1986 Act which is subject to a requirement imposed by virtue of section 691(1) M2 of the 1985 Act, an established place of business, and

(d)

in the case of an unregistered company within the meaning of Part 5 of the 1986 Act which is subject to a requirement imposed by virtue of section 718 M3 of the 1985 Act, a principal place of business.

Annotations

Marginal citations

M1

1985 c. 6; section 690A was inserted by S.l. 1992/3179.

M2

As amended by S.I. 2000/3373 and 2002/912.

M3

As amended by the Statute Law (Repeals) Act 2004 (c. 14) and S. 1. 2001/1228.