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Proceeding contribution from Lord Hodgson of Astley Abbotts (Conservative) in the House of Lords on Monday, 30 January 2006. It occurred during Debate on bill and Committee proceeding on Company Law Reform Bill [HL] 2005-06.


Company Law Reform Bill [HL]

moved Amendment No. 33:"Page 12, line 4, at end insert ““, within 15 days after it is passed or made””" The noble Lord said: In moving Amendment No. 33 I shall speak also to its consequential amendment, Amendment No. 34. The corresponding section to this clause in the 1985 Act, Section 380(1), reads:"““A copy of every resolution or agreement to which this section applies shall, within 15 days after it is passed or made, be forwarded to the registrar of companies and recorded by him””." As I read it, it means that currently not only must the sending of the resolution or agreement be within the 15-day time limit, but also the recording made by the registrar must be made within the time limit. The table of derivations describes Clause 31 as making no substantive change, yet under the Bill as drafted the registrar need not record the resolution or agreement within 15 days. Surely, he should have to. The amendment seeks to reword the Bill in line with the Companies Act 1985. Perhaps I may also raise one technical point on this subsection. Line 4 refers to the,"““form approved by the registrar””." We can find no definition of the word ““approved””. Clause 679 refers to ““prescribed”” forms. Do ““approved”” and ““prescribed”” mean the same? If so, perhaps that should be made clear. It is an issue that has been raised with us. I beg to move Amendment No. 33.


Secondary information

Type
Proceeding contribution
Reference
678 c29-30GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
Disclosure of information Charities Accountancy Company law Companies Directors Charity Commission Fees and charges Documents Insolvency Registration Small businesses Shares Shareholders
Legislation
Company Law Reform Bill (HL) 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk