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The Companies (No. 2) (Northern Ireland) Order 1990

1990/1504 · Made 24 July 1990 · Extends to Northern Ireland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 4 January 2024.

See the changes not yet applied
ProvisionChangeMade by
art. 47repealedCharities Act (Northern Ireland) 2008 Sch. 9
Pt. 6repealedCompanies Act 2006 Sch. 16

24th July 1990 C2C3

Annotations to the whole text

Modifications

C1

Order applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 3 paras. 2, 3 (as amended by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 21(2)(c)(4))

C2

Order modified (21.2.2009) by Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 3, Sch.

C3

Order applied (with modifications) (8.2.2011 with affect as mentioned in reg. 27(a) of the amending S.I.) by Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: INVESTIGATIONS AND POWERS TO OBTAIN INFORMATION
  5. Amendments of the Companies Order
  6. 3Investigations by inspectors not leading to published report Repealed
  7. 4Production of documents and evidence to inspectors Repealed
  8. 5Duty of inspectors to report Repealed
  9. 6Power to bring civil proceedings on the company's behalf Repealed
  10. 7Expenses of investigating a company's affairs Repealed
  11. 8Power of Department to present winding-up petition Repealed
  12. 9Inspectors' reports as evidence Repealed
  13. 10Investigation of company ownership Repealed
  14. 11Department's power to require production of documents Repealed
  15. 12Entry and search of premises Repealed
  16. 13Provision for security of information obtained Repealed
  17. 14Punishment for destroying, mutilating, &c. company documents Repealed
  18. 15Punishment for furnishing false information Repealed
  19. 16Disclosure of information by Department or inspector Repealed
  20. 17Protection of banking information Repealed
  21. 18Investigation of bodies incorporated outside Northern Ireland Repealed
  22. 19Investigation of unregistered companies Repealed
  23. 20Offences committed by bodies corporate or unincorporated bodies Repealed
  24. Amendments of other statutory provisions
  25. Part III: REGISTRATION OF COMPANY CHARGES
  26. Introduction
  27. 28Introduction Repealed
  28. Registration in the companies charges register
  29. 29Charges requiring registration Repealed
  30. 30The companies charges register Repealed
  31. 31Delivery of particulars for registration Repealed
  32. 32Delivery of further particulars Repealed
  33. 33Effect of omissions and errors in registered particulars Repealed
  34. 34Memorandum of charge ceasing to affect company's property Repealed
  35. 35Further provisions with respect to voidness of charges Repealed
  36. 36Additional information to be registered Repealed
  37. Copies of instruments and register to be kept by company
  38. 37Copies of instruments and register to be kept by company Repealed
  39. Supplementary provisions
  40. 38Power to make further provision by regulations Repealed
  41. 39Other supplementary provisions Repealed
  42. 40Interpretation, &c. Repealed
  43. 41Charges on property of company incorporated outside Northern Ireland Repealed
  44. 42Application of provisions to unregistered companies Repealed
  45. Part IV: OTHER AMENDMENTS OF COMPANY LAW
  46. A company's capacity and related matters
  47. 44A company's capacity and the power of the directors to bind it Repealed
  48. 45Invalidity of certain transactions involving directors Repealed
  49. 46Statement of company's objects Repealed
  50. 47Charitable companies
  51. De-regulation of private companies
  52. 48Written resolutions of private companies Repealed
  53. 49Written resolutions: supplementary provisions Repealed
  54. 50Election by private company to dispense with certain requirements Repealed
  55. 51Elective resolution of private company Repealed
  56. 52Power to make further provision by regulations Repealed
  57. Appointment and removal of auditors and related matters
  58. 53Introduction Repealed
  59. 54Appointment of auditors Repealed
  60. 55Rights of auditors Repealed
  61. 56Remuneration of auditors Repealed
  62. 57Removal, resignation, &c. of auditors Repealed
  63. 58Statement by person ceasing to hold office as auditor Repealed
  64. Company records and related matters
  65. 59Delivery of documents to the registrar Repealed
  66. 60Keeping and inspection of company records Repealed
  67. 61Supplementary provisions as to company records and related matters Repealed
  68. Miscellaneous
  69. 62“Subsidiary”, “holding company” and “wholly-owned subsidiary”
  70. 63Form of articles for partnership company Repealed
  71. 64Membership of holding company Repealed
  72. 65Company contracts and execution of documents by companies Repealed
  73. 66Members' rights to damages, &c. Repealed
  74. 67Financial assistance for purposes of employees' share scheme Repealed
  75. 68Issue of redeemable shares Repealed
  76. 69Disclosure of interests in shares Repealed
  77. 70Orders imposing restrictions on shares Repealed
  78. 71A company's registered office Repealed
  79. 72Effecting of insurance for officers and auditors of company Repealed
  80. 73Increase of limits on certain exemptions Repealed
  81. 74Annual returns Repealed
  82. 75Application to declare dissolution of company void Repealed
  83. 76Abolition of doctrine of deemed notice Repealed
  84. 77Rights of inspection and related matters Repealed
  85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  86. Part V: FINANCIAL MARKETS AND INSOLVENCY
  87. Introduction
  88. 79Introduction
  89. Recognised investment exchanges and clearing houses
  90. 80Market contracts
  91. 81Modifications of the law of insolvency
  92. 82Proceedings of exchange or clearing house take precedence over insolvency procedures
  93. 83Duty to give assistance for purposes of default proceedings
  94. 84Supplementary provisions as to default proceedings
  95. 85Duty to report on completion of default proceedings
  96. 86Net sum payable on completion of default proceedings
  97. 87Disclaimer of property, rescission of contracts, &c.
  98. 88Adjustment of prior transactions
  99. 89Powers of Secretary of State to give directions
  100. 90Application to determine whether default proceedings to be taken
  101. Other exchanges and clearing houses
  102. 92Certain overseas exchanges and clearing houses
  103. 94Settlement arrangements provided by the Bank of England
  104. Market charges
  105. 95Market charges
  106. 96Modifications of the law of insolvency
  107. 97Administration orders, etc.
  108. 98Power to make provision about certain other charges
  109. Market property
  110. 99Application of margin not affected by certain other interests
  111. 100Priority of floating market charge over subsequent charges
  112. 101Priority of market charge over unpaid vendor's lien
  113. 102Proceedings against market property by unsecured creditors
  114. 103Power to apply provisions to other cases
  115. Supplementary provisions
  116. 104Insolvency proceedings in other jurisdictions
  117. 105Indemnity for certain acts, &c.
  118. 106Power to make further provision by regulations
  119. 107Supplementary provisions as to regulations
  120. 108Construction of references to parties to market contracts
  121. 109Meaning of “default rules” and related expressions
  122. 110Meaning of “relevant office-holder”
  123. 111Minor definitions
  124. 112Index of defined expressions
  125. VIREPEALS
  126. Schedule
  127. Paragraph
  128. Schedule
  129. Paragraph
  130. Schedule
  131. Paragraph
  132. Paragraph