Article 386 Enforcement of company's filing obligationsF1F2C1
This Article applies where a company has made default in complying with any obligation under this Order—
to deliver a document to the registrar, or
to give notice to the registrar of any matter.
The registrar, or any member or creditor of the company, may give notice to the company requiring it to comply with the obligation.
If the company fails to make good the default within 14 days after service of the notice, the registrar, or any member or creditor of the company, may apply to the High Court for an order directing the company, and any specified officer of it, to make good the default within a specified time.
The High Court's order may provide that all costs of or incidental to the application are to be borne by the company or by any officers of it responsible for the default.
This Article does not affect the operation of any enactment imposing penalties on a company or its officers in respect of any such default.
Annotations
Textual amendments
- F1
Pt. 15 (arts. 383-385) inserted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 171 (with arts. 6, 11, 12)
- F2
Arts. 386, 387 inserted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 115 (with art. 10)
Modifications
- C1
Arts. 384-386 applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)