| Guvnor

Enforced by: Companies House
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3 Director or Officer3

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.001 Citation, commencement and extent

s.003 Interpretation

Part 2

REGISTRATION OF UK Societates AND THE REGISTRAR ETC.

0 of 20 sections shown

20 other sections in this Part — procedural and definitional

s.004 The registrar

s.005 Registration of an SE formed by merger in accordance with Article 2(1)

s.006 Registration of the formation of a holding SE in accordance with Article 2(2)

s.007 Registration of the formation of a subsidiary SE in accordance with Article 2(3)

s.008 Registration of an SE by the transformation of a public company in accordance with Article 2(4)

s.009 Registration of an SE formed as the subsidiary of an SE in accordance with Article 3(2)

s.010 Registration of an SE on the transfer of its registered office to the United Kingdom in accordance with Article 8

s.010 Statement of SE’s name and registered office address

s.010 Statement of proposed members

s.010 Statement of subscribed capital

s.010 Employee involvement statement

s.011 Certificate of the competent authority under Article 8(8)

s.011 Statement of compliance

s.012 Registration of an SE

s.012 Conversion of an SE to a UK Societas: obligations on the registrar

s.012 References in the Companies Act 2006 to a certificate of incorporation

s.013 Documents sent to the registrar

s.013 Application of language requirements to documents relating to UK Societates

s.014 Application of the 2006 Act to the registration of UK Societates

s.015 False statements in documents delivered to the registrar

Part 3

EMPLOYEE INVOLVEMENT

0 of 39 sections shown

39 other sections in this Part — procedural and definitional

s.016 Interpretation of Part 3

s.017 Circumstances in which certain provisions of Part 3 apply

s.018 Duty on participating company to provide information

s.019 Complaint of failure to provide information

s.020 Function of the special negotiating body

s.021 Composition of the special negotiating body

s.022 Complaint about establishment of special negotiating body

s.023 Ballot arrangements

s.024 Conduct of the ballot

s.025 Appointment of UK members by a consultative committee

s.026 Representation of employees

s.027 Negotiations to reach an employee involvement agreement

s.028 The employee involvement agreement

s.029 Decisions of the special negotiating body

s.030 Decision not to open or to terminate negotiations

s.031 Complaint about decisions of special negotiating body

s.032 Standard rules on employee involvement

s.033 Disputes about operation of an employee involvement agreement or the standard rules on employee involvement

s.034 Penalties

s.035 Misuse of procedures

s.036 Exclusivity of remedy

s.037 Breach of statutory duty

s.038 Withholding of information by the competent organ

s.039 Right to time off for members of special negotiating body, etc.

s.040 Right to remuneration for time off under regulation 39

s.041 Right to time off: complaints to tribunals

s.042 Unfair dismissal

s.043 Subsidiary provisions relating to unfair dismissal

s.044 Detriment

s.045 Detriment: enforcement and subsidiary provisions

s.046 Conciliation

s.047 CAC proceedings

s.048 Appeal Tribunal: location of certain proceedings under these Regulations

s.049 Appeal Tribunal: appeals from employment tribunals

s.050 ACAS

s.051 Restrictions on contracting out: general

s.052 Restrictions on contracting out: Chapter 8 of this Part

s.053 Amendment of the Transnational Information and Consultation of Employees Regulations 1999

s.054 Existing employee involvement rights

Part 4

EXERCISE OF MEMBER STATES OPTIONS UNDER THE EC REGULATION

0 of 13 sections shown

13 other sections in this Part — procedural and definitional

s.055 Participation in the formation of an SE by a company formed under the law of a Member State whose head office is not in the Community (Article 2(5))

s.056 Additional forms of publication of transfer proposal (Article 8(2))

s.057 Extension of protection given by Article 8(7) to liabilities incurred prior to transfer (Article 8(7))

s.058 Power of the competent authorities of a Member State to oppose a transfer on public interest grounds (Article 8(14))

s.059 Power of the management or administrative organ of a UK Societas to amend statutes where in conflict with employee involvement arrangements (Article 12(4))

s.060 Power of the competent authorities of a Member State to oppose the participation of a merging company governed by its law on public interest grounds (Article 19)

s.061 Minimum number of members of the management organ (Article 39(4))

s.062 Minimum number of members of the supervisory organ (Article 40(3))

s.063 Members of the supervisory organ to be entitled to require the management organ to provide certain information (Article 41(3))

s.064 Minimum number of members of an administrative organ (Article 43(2))

s.065 Timing of the first general meeting of a UK Societas (Article 54(1))

s.066 Proportion of shareholders of a UK Societas who may require one or more additional items to be put on the agenda of any general meeting (Article 56)

s.067 UK Societates subject to law on public limited liability companies as regard the expression of their capital (Article 67(1))

Part 5

PROVISIONS REQUIRED BY THE EC REGULATION

0 of 7 sections shown

7 other sections in this Part — procedural and definitional

s.068 Publication of terms of transfer, formation and conversion (Articles 8(2), 32(3) and 37(5))

s.069 Publication of completion of merger (Article 28)

s.070 Publication of fulfilment of conditions for the formation of a holding SE (Article 33(3))

s.071 Publication of other documents or information (Articles ... 59(3) and 65)

s.072 Protection of creditors and others on a transfer (Article 8(7))

s.073 Power of Secretary of State where an SE no longer complies with the requirements of Article 7

s.074 Review of decisions of a competent authority (Articles 8(14) and 19)

Part 6

PROVISIONS RELATING TO THE EFFECTIVE APPLICATION OF THE EC REGULATION

6 of 16 sections shown

s.079 Register of members of supervisory organ Regulated

Keep and maintain register of supervisory organ membersAny Person

s.080 Particulars of members to be registered under regulation 79: individuals Regulated

Keep a register of individual supervisory organ membersDirector or Officer

s.080 Particulars of members to be registered under regulation 79: corporate members and firms Regulated

Record prescribed particulars of corporate members in register of SO membersAny Person

s.080 Register of residential addresses of members of a UK Societas's supervisory organ Regulated

Keep a register of supervisory organ members' home addressesDirector or Officer

s.080 Duty to notify registrar of changes Regulated

Notify Companies House of changes to supervisory organ membersDirector or Officer

s.082 Notification of Amendments to Statutes and Insolvency Events (Articles 59(3) and 65) Regulated

Notify Companies House of amendments to statutes and insolvency events within 14 daysAny Person

10 other sections in this Part — procedural and definitional

s.075 Competent authorities

s.076 Enforcement of obligation to amend Statutes in conflict with Arrangements for Employee Involvement

s.077 Records of an SE transferred under Article 8 of the EC Regulation (as it had effect immediately before IP completion day

s.078 Application of enactments to members of supervisory, management and administrative organs

s.080 Protected information: restriction on use or disclosure by UK Societas

s.080 Information within section 790ZF(2): restriction on use or disclosure by a UK Societas

s.080 Putting a member of the supervisory organ’s address on the public record

s.081 The UK Societas as a body corporate

s.083 Accounting Reference Period and Financial Year of Transferring UK Societas

s.084 Penalties for Breach of Article 11 (use of SE in name)

Part 7

PROVISIONS RELATING TO THE CONVERSION OF UK SOCIETATES TO A PUBLIC COMPANY IN ACCORDANCE WITH ARTICLE 66 OF THE EC REGULATION

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.085 Registration of a public company by the conversion of a UK Societas

s.085 Statement of compliance

s.086 Publication of draft terms of conversion

s.087 Registration under the 2006 Act

s.088 Effect of registration

s.089 Records of a converting SE

Schedules

0 of 28 shown

28 other schedules

s.sch001a Section 1081 (annotation of the register), as if after subsection...

s.sch001a Section 1085 (inspection of the register), as if in subsection...

s.sch001a Section 1093 (registrar’s notice to resolve inconsistency on the register),...

s.sch001a Section 1094 (removal of material from the register), as if—...

s.sch001a Section 1095 (rectification of register on application to registrar), as...

s.sch001a Sections 1096(1) to (5) and 1097 (rectification of register under...

s.sch002 Section 1066(1) to (5) (registered numbers), as if any reference...

s.sch002 Section 1082 (allocation of unique identifiers), as if—

s.sch002 Section 1084 (records relating to companies that have been dissolved...

s.sch002 Section 1113 (enforcement of company’s filing obligations), as if—

s.sch002 Section 1117 (registrar’s rules), so far as relating to section...

s.sch003 Where its size so warrants, the representative body shall elect...

s.sch003 The representative body shall adopt rules of procedure.

s.sch003 The representative body shall inform the competent organ of the...

s.sch003 (1) Four years after its establishment, the representative body shall...

s.sch003 (1) The competence of the representative body shall be limited...

s.sch003 (1) In the case of an SE established by transformation,...

s.sch004 . . . . . . . . . ....

s.sch004 Schedule 4 para.10

s.sch004 Accounting Reference Date

s.sch004 A reference to a company’s incorporation shall be construed as...

s.sch004 A reference to documents delivered under the 2006 Act shall...

s.sch004 (1) A reference to a company’s certificate of incorporation shall...

s.sch004 The converting UK Societas is treated as if it had...

s.sch004 Effect of registration

s.sch004 Section 112(1) of the 2006 Act (definition of “member”) shall...