Regulation 79 Register of members of supervisory organF1
England, Wales and Scotland
Every F2UK Societas which has adopted the form of a two-tier system in its statutes must keep a register of the members of its supervisory organ (“the register of SO members”).
The register must contain the required particulars (see regulations 80 and 80A) of each of the members of the supervisory organ.
The register must be open to the inspection—
of any shareholder of the F8UK Societas without charge, and
of any other person on payment of a fee of £3.50 for each hour or part of an hour during which the right of inspection is exercised.
If—
default is made in complying with paragraph (1), (2) or (3),
default is made for 14 days in complying with paragraph (4), or
an inspection required under paragraph (5) is refused,
an offence is committed by the F9UK Societas and by every officer of the UK Societas who is in default.
For this purpose a person who, by virtue of section 251 of the 2006 Act (shadow directors) as it applies in relation to F10a UK Societas, is a shadow director of the UK Societas is treated as an officer of the UK Societas.
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In the case of a refusal of inspection of the register, the court may by order compel an immediate inspection of it.
For the meaning of “the court” in this regulation see section 1156 of the 2006 Act.
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Annotations
Textual amendments
- F1
Regs. 79-80E substituted for regs. 79, 80 (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 28 (with reg. 2, Sch. 2)
- F2
Words in reg. 79(1) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 26(a) (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)
- F3
Words in reg. 79(3) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 26(b) (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)
- F4
Word in reg. 79(3)(a) omitted (18.11.2025) by virtue of The Economic Crime and Corporate Transparency Act 2023 (Consequential, Incidental and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1037), reg. 1(2), Sch. 2 para. 2(2)(a); S.I. 2025/1118, reg. 2(1)(g)
- F5
Reg. 79(3)(b) omitted (18.11.2025) by virtue of The Economic Crime and Corporate Transparency Act 2023 (Consequential, Incidental and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1037), reg. 1(2), Sch. 2 para. 2(2)(b); S.I. 2025/1118, reg. 2(1)(g)
- F6
Words in reg. 79(4) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 26(c)(i) (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)
- F7
Words in reg. 79(4) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 26(c)(ii) (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)
- F8
Words in reg. 79(5) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 26(d) (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)
- F9
Words in reg. 79(6) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 26(e)(ii) (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)
- F10
Words in reg. 79(6) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 26(e)(i) (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)
- F11
Reg. 79(10) omitted (18.11.2025) by virtue of The Economic Crime and Corporate Transparency Act 2023 (Consequential, Incidental and Miscellaneous Provisions) Regulations 2025 (S.I. 2025/1037), reg. 1(2), Sch. 2 para. 2(2)(c); S.I. 2025/1118, reg. 2(1)(g)