OpenLegislation

Regulation 80C Duty to notify registrar of changesF1C1

England, Wales and Scotland

C2(1)

F2A UK Societas which has adopted the form of a two-tier system in its statutes must, within the period of 14 days from—

(a)

a person becoming or ceasing to be a member of the supervisory organ of the F3UK Societas, or

(b)

the occurrence of any change in the particulars contained in its register of SO members or its register of SO members’ residential addresses,

give to the registrar notice of the changeF4....

(F51A)

Any notice given under paragraph (1) must contain the following particulars—

(a)

the F6UK Societas's name and registered number; and

(b)

the date on which the change occurred.

(2)

Notice of a person having become a member of the supervisory organ must—

(a)

contain a statement of the particulars of the new member which are required to be included in the F7UK Societas's register of SO members and those which are required to be included in its register of SO members’ residential addresses,

(b)

be accompanied by a F8statement that the person has consented to act in that capacity.

(3)

Where—

(a)

F9a UK Societas gives notice of a change of a member of its supervisory organ’s service address as stated in the F10UK Societas's register of SO members, and

(b)

the notice is not accompanied by notice of any resulting change in the particulars contained in the UK Societas's register of SO members’ residential addresses,

the notice must be accompanied by a statement that no such change is required.

(F113A)

Where notice is given of a change of a member’s particulars, or the termination of the appointment of a member, the notice must contain particulars of the name currently appearing on the F12UK Societas's register of SO members.

(3B)

Where notice is given of a new member’s usual residential address or a change of a member’s usual residential address, the notice must contain an indication, where applicable, that an application is being made, or has been granted, for an exemption to the disclosure of a usual residential address under section 243 of the 2006 Act.

(4)

If default is made in complying with this regulation, an offence is committed by—

(a)

the F13UK Societas, and

(b)

every officer of the SE 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 F14a UK Societas, is a shadow director of the UK Societas is treated as an officer of the UK Societas.

(5)

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.

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. 80C(1) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 30(a)(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)

F3

Words in reg. 80C(1) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 30(a)(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)

F4

Words in reg. 80C(1) 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, 27(2)

F5

Reg. 80C(1A) 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, 27(3)

F6

Words in reg. 80C(1A) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 30(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)

F7

Words in reg. 80C(2) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 30(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)

F8

Words in reg. 80C(2)(b) substituted (10.10.2015) by The Companies and Limited Liability Partnerships (Filing Requirements) Regulations 2015 (S.I. 2015/1695), regs. 1, 7(3) (with reg. 2)

F9

Words in reg. 80C(3) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 30(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)

F10

Words in reg. 80C(3) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 30(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)

F11

Reg. 80C(3A)(3B) 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, 27(4)

F12

Words in reg. 80C(3A) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 30(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)

F13

Words in reg. 80C(4) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 30(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)

F14

Words in reg. 80C(4) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 30(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)

Modifications

C1

Reg. 80C: power to modify conferred (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 39(1), 40(d), 49(1) (with ss. 2(2), 5(2), 39(8)(9))

C2

Reg. 80C(1) modified (temp.) (27.6.2020) by The Companies etc. (Filing Requirements) (Temporary Modifications) Regulations 2020 (S.I. 2020/645), regs. 2, 40