OpenLegislation

Regulation 12 Registration of establishment of EEIG whose official address is outside the United KingdomI1

(1)

The registrar for the purposes of registration under this regulation of an EEIG establishment situated in F1the United Kingdom where the EEIG’s official address is outside the United Kingdom shall be the registrar within the meaning of F2the Companies Acts.

(2)

For the purposes of registration under paragraph (1) above there shall be delivered, within one month of the establishment becoming so situated at any place in F3the United Kingdom, to the registrar at the registration office in England and Wales F4, Scotland or Northern Ireland, according to where the establishment is situated, a certified copy of the contract together with—

(a)

a certified translation into English of the contract and other documents and particulars to be filed with it under article 10 of the EC Regulation if the contract and other documents and particulars, or any part thereof, are not in English; F5...

F6(b)

an application for registration containing the following particulars—

(i)

a statement of the names and particulars set out in F7the first paragraph of Article 5 and in Article 10 of the EC Regulation;

(ii)

the name of the Member State in which the official address of the EEIG is situated; and

(iii)

the address of the EEIG’s establishment being registered in the United Kingdom; and

F8(c)

a statement that all the requirements of these Regulations and of the EC Regulation as to registration have been complied with.

F9(2A)

An application under paragraph (2)(b) may also contain a statement under regulation 12A(2).

(3)

Paragraph (2) above shall not apply where an establishment is already registered in F10the United Kingdom under paragraph (1) above.

(4)

The registrar shall not register an EEIG establishment under this regulation unless he is satisfied that all the requirements of these Regulations and of the EC Regulation F11as to registration have been complied with but the registrar may accept a statement under paragraph (2)(c) as sufficient evidence of compliance.

(5)

Subject to paragraph (4) above, the registrar shall retain the copy of the contract, and any certified translation, delivered to him under paragraph (2) above and register the EEIG establishment.

(6)

Any communication or notice may be addressed to an EEIG where its official address is outside the United Kingdom at any of its establishments in F12the United Kingdom.

F13(7)

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

(8)

If an EEIG fails to comply with any provision of paragraph (2) above, the EEIG, and any officer of it who intentionally authorises or permits the default, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and if the failure to comply with any such provision continues after conviction, the EEIG and any such officer shall be guilty of a further offence of failure to comply with that provision and shall be liable to be proceeded against and punished accordingly.

F14(9)

For the purposes of carrying out the obligation at paragraph (2)(b)(i), the first paragraph of Article 5 of the EC Regulation must be read as if references in that paragraph to “the grouping” or “a grouping” were references to “the EEIG” or “an EEIG”.

Annotations

Textual amendments

F1

Words in reg. 12(1) substituted (1.10.2009) by The European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399), regs. 1(2), 15(2)(a) (with reg. 2)

F2

Words in reg. 12(1) substituted (1.10.2009) by The European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399), regs. 1(2), 15(2)(b) (with reg. 2)

F3

Words in reg. 12(2) substituted (1.10.2009) by The European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399), regs. 1(2), 15(3)(a) (with reg. 2)

F4

Words in reg. 12(2) substituted (1.10.2009) by The European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399), regs. 1(2), 15(3)(b) (with reg. 2)

F5

Word in reg. 12(2)(a) omitted (1.10.2014) by virtue of The European Economic Interest Grouping and European Public Limited-Liability Company (Amendment) Regulations 2014 (S.I. 2014/2382), regs. 1, 7(2)

F6

Reg. 12(2)(b) substituted (1.10.2014) by The European Economic Interest Grouping and European Public Limited-Liability Company (Amendment) Regulations 2014 (S.I. 2014/2382), regs. 1, 7(3)

F7

Words in reg. 12(2)(b)(i) substituted (31.12.2020) by The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1299), regs. 1, 12(a); 2020 c. 1, Sch. 5 para. 1(1)

F8

Reg. 12(2)(c) inserted (1.10.2014) by The European Economic Interest Grouping and European Public Limited-Liability Company (Amendment) Regulations 2014 (S.I. 2014/2382), regs. 1, 7(4)

F9

Reg. 12(2A) inserted (1.10.2014) by The European Economic Interest Grouping and European Public Limited-Liability Company (Amendment) Regulations 2014 (S.I. 2014/2382), regs. 1, 7(5)

F10

Words in reg. 12(3) substituted (1.10.2009) by The European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399), regs. 1(2), 15(4) (with reg. 2)

F11

Words in reg. 12(4) substituted (1.10.2014) by The European Economic Interest Grouping and European Public Limited-Liability Company (Amendment) Regulations 2014 (S.I. 2014/2382), regs. 1, 7(6)

F12

Words in reg. 12(6) substituted (1.10.2009) by The European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399), regs. 1(2), 15(6) (with reg. 2)

F13

Reg. 12(7) omitted (31.12.2020) by virtue of The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1299), regs. 1, 12(b); 2020 c. 1, Sch. 5 para. 1(1)

F14

Reg. 12(9) inserted (31.12.2020) by The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1299), regs. 1, 12(c); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 12 in force at 1.7.1989, see reg. 1