UK Statutory Instrument
2004
United Kingdom
European Public Limited-Liability Company (Registration) (Great Britain) Regulations 2004
At a glance
Enforced by
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 28 other Schedules — structural / supplementary
Section 1085 (inspection of the register), as if in subsection...
Section 1093 (registrar’s notice to resolve inconsistency on the register),...
Section 1094 (removal of material from the register), as if—...
Section 1095 (rectification of register on application to registrar), as...
Sections 1096(1) to (5) and 1097 (rectification of register under...
Section 1066(1) to (5) (registered numbers), as if any reference...
Section 1082 (allocation of unique identifiers), as if—
Section 1084 (records relating to companies that have been dissolved...
Section 1113 (enforcement of company’s filing obligations), as if—
Section 1117 (registrar’s rules), so far as relating to section...
Where its size so warrants, the representative body shall elect...
The representative body shall adopt rules of procedure.
The representative body shall inform the competent organ of the...
(1) Four years after its establishment, the representative body shall...
(1) The competence of the representative body shall be limited...
(1) In the case of an SE established by transformation,...
. . . . . . . . . ....
Schedule 4 para.10
Accounting Reference Date
A reference to a company’s incorporation shall be construed as...
A reference to documents delivered under the 2006 Act shall...
(1) A reference to a company’s certificate of incorporation shall...
The converting UK Societas is treated as if it had...
Effect of registration
Section 112(1) of the 2006 Act (definition of “member”) shall...
. . . . . . . . . ....
Certificate as to share capital
Browse 103 other sections — procedural / definitional / commencement
Citation, commencement and extent
Interpretation
The registrar
Registration of an SE formed by merger in accordance with Article 2(1)
Registration of the formation of a holding SE in accordance with Article 2(2)
Registration of the formation of a subsidiary SE in accordance with Article 2(3)
Registration of an SE by the transformation of a public company in accordance with Article 2(4)
Registration of an SE formed as the subsidiary of an SE in accordance with Article 3(2)
Registration of an SE on the transfer of its registered office to the United Kingdom in accordance with Article 8
Statement of SE’s name and registered office address
Statement of proposed members
Statement of subscribed capital
Employee involvement statement
Certificate of the competent authority under Article 8(8)
Statement of compliance
Registration of an SE
Conversion of an SE to a UK Societas: obligations on the registrar
References in the Companies Act 2006 to a certificate of incorporation
Documents sent to the registrar
Application of language requirements to documents relating to UK Societates
Application of the 2006 Act to the registration of UK Societates
False statements in documents delivered to the registrar
Interpretation of Part 3
Circumstances in which certain provisions of Part 3 apply
Duty on participating company to provide information
Complaint of failure to provide information
Function of the special negotiating body
Composition of the special negotiating body
Complaint about establishment of special negotiating body
Ballot arrangements
Conduct of the ballot
Appointment of UK members by a consultative committee
Representation of employees
Negotiations to reach an employee involvement agreement
The employee involvement agreement
Decisions of the special negotiating body
Decision not to open or to terminate negotiations
Complaint about decisions of special negotiating body
Standard rules on employee involvement
Disputes about operation of an employee involvement agreement or the standard rules on employee involvement
Penalties
Misuse of procedures
Exclusivity of remedy
Breach of statutory duty
Withholding of information by the competent organ
Right to time off for members of special negotiating body, etc.
Right to remuneration for time off under regulation 39
Right to time off: complaints to tribunals
Unfair dismissal
Subsidiary provisions relating to unfair dismissal
Detriment
Detriment: enforcement and subsidiary provisions
Conciliation
CAC proceedings
Appeal Tribunal: location of certain proceedings under these Regulations
Appeal Tribunal: appeals from employment tribunals
ACAS
Restrictions on contracting out: general
Restrictions on contracting out: Chapter 8 of this Part
Amendment of the Transnational Information and Consultation of Employees Regulations 1999
Existing employee involvement rights
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))
Additional forms of publication of transfer proposal (Article 8(2))
Extension of protection given by Article 8(7) to liabilities incurred prior to transfer (Article 8(7))
Power of the competent authorities of a Member State to oppose a transfer on public interest grounds (Article 8(14))
Power of the management or administrative organ of a UK Societas to amend statutes where in conflict with employee involvement arrangements (Article 12(4))
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)
Minimum number of members of the management organ (Article 39(4))
Minimum number of members of the supervisory organ (Article 40(3))
Members of the supervisory organ to be entitled to require the management organ to provide certain information (Article 41(3))
Minimum number of members of an administrative organ (Article 43(2))
Timing of the first general meeting of a UK Societas (Article 54(1))
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)
UK Societates subject to law on public limited liability companies as regard the expression of their capital (Article 67(1))
Publication of terms of transfer, formation and conversion (Articles 8(2), 32(3) and 37(5))
Publication of completion of merger (Article 28)
Publication of fulfilment of conditions for the formation of a holding SE (Article 33(3))
Publication of other documents or information (Articles ... 59(3) and 65)
Protection of creditors and others on a transfer (Article 8(7))
Power of Secretary of State where an SE no longer complies with the requirements of Article 7
Review of decisions of a competent authority (Articles 8(14) and 19)
Competent authorities
Enforcement of obligation to amend Statutes in conflict with Arrangements for Employee Involvement
Records of an SE transferred under Article 8 of the EC Regulation (as it had effect immediately before IP completion day
Application of enactments to members of supervisory, management and administrative organs
Register of members of supervisory organ
Particulars of members to be registered under regulation 79: individuals
Particulars of members to be registered under regulation 79: corporate members and firms
Register of residential addresses of members of a UK Societas's supervisory organ
Duty to notify registrar of changes
Protected information: restriction on use or disclosure by UK Societas
Information within section 790ZF(2): restriction on use or disclosure by a UK Societas
Putting a member of the supervisory organ’s address on the public record
The UK Societas as a body corporate
Notification of Amendments to Statutes and Insolvency Events (Articles 59(3) and 65)
Accounting Reference Period and Financial Year of Transferring UK Societas
Penalties for Breach of Article 11 (use of SE in name)
Registration of a public company by the conversion of a UK Societas
Statement of compliance
Publication of draft terms of conversion
Registration under the 2006 Act
Effect of registration
Records of a converting SE
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Registration and regulation of UK companies. Maintains the public register of companies, enforces filing requirements for annual accounts and confirmation statements. Gateway …
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