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Debate on bill and Committee proceeding on Tuesday, 28 March 2006, in the House of Lords.

Company Law Reform Bill [HL]

Company Law Reform Bill [HL]. Lords Committee stage eleventh day. Grand Committee off the floor of the House (Moses Room). Clauses 619 to 678, 681 to 698 agreed to, with clauses 617, 618, 622, 623, 627, 628, 639, 643, 646, 649, 650, 653, 661, 662, 664, 665, 671, 684, 690, 693, 694 agreed to as amended. Clauses 679 and 680 negatived. Schedules 2 and 3 agreed to as amended.

Secondary information

Type
Parliamentary proceeding
Reference
680 c285-356GC 
Session
2005-06
Department
Department of Trade and Industry
Committee of the Whole House (HL)
Legislative stage
Committee stage
Procedure
New clauses
Chamber / Committee
House of Lords Grand Committee
Related items
Proceeding contributions
Lord McKenzie of Luton | 680 c353-4GC (Link to this contribution) moved Amendment No. A190G:"Page 336, line 23, at end insert—" ““(   )   is secretary (or a joint s...
Lord McKenzie of Luton | 680 c353GC (Link to this contribution) moved Amendment No. A190E:"Page 336, line 6, leave out ““An annotation”” and insert ““A note””" The...
Show all contributions (187)
Lord Hodgson of Astley Abbotts | 680 c317-8GC (Link to this contribution) moved Amendment No. A162A:"Page 310, line 26, leave out ““in value of all the voting shares”” and in...
Lord Goldsmith | 680 c322GC (Link to this contribution) moved Amendment No. A164:"Page 312, leave out lines 28 to 30." On Question, amendment agreed to.
Lord Hodgson of Astley Abbotts | 680 c311GC (Link to this contribution) moved Amendment No. A154A:"Page 304, line 22, leave out ““such””" The noble Lord said: In moving Am...
Lord McKenzie of Luton | 680 c350-1GC (Link to this contribution) These amendments—based, I understand, on helpful comments made by the Law Society—raise two issues. ...
Lord Sharman | 680 c346GC (Link to this contribution) I give in. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. On Question, Whe...
Lord McKenzie of Luton | 680 c346GC (Link to this contribution) In opposing that Clause 679 should stand part of the Bill, I shall speak similarly to Clause 680 sta...
Lord Sharman | 680 c344-5GC (Link to this contribution) I understood the Minister to say that the procedure was ex gratia. As a director of a public company...
Lord Sharman | 680 c344GC (Link to this contribution) With the greatest respect to the Minister, I listened to his remarks with increasing incredulity. We...
Lord McKenzie of Luton | 680 c343-4GC (Link to this contribution) In discussing this amendment, I think it is important to be clear what the role of the registrar con...
Lord McKenzie of Luton | 680 c342GC (Link to this contribution) moved Amendment No. A185C:"Page 326, line 12, at end insert—" ““(   )   References in the Companie...
Lord McKenzie of Luton | 680 c341-2GC (Link to this contribution) moved Amendment No. A185B:"After Clause 670, insert the following new clause—" ““REGISTRAR TO WHOM...
Lord McKenzie of Luton | 680 c339GC (Link to this contribution) I am sympathetic to the reasoning behind the amendments. We recognise that it may be onerous to requ...
Lord Goldsmith | 680 c285-7GC (Link to this contribution) moved Amendment No. A139:"Page 298, line 6, at end insert—"    ““This is subject to section 618(4)...
Baroness Noakes | 680 c300GC (Link to this contribution) I am all in favour of disciplining lawyers. On Question, amendment agreed to.
Lord Goldsmith | 680 c299-30GC (Link to this contribution) moved Amendment No. A145:"Page 434, line 6, at end insert—" ““      A disclosure for the purpose o...
Lord Goldsmith | 680 c298GC (Link to this contribution) I shall respond to Amendment No. A143B and take the opportunity to speak to government Amendments No...
Baroness Thomas of Walliswood | 680 c302GC (Link to this contribution) The 10 minutes have elapsed and, by a miracle, all the main spokesmen are back in their seats.
Lord Hodgson of Astley Abbotts | 680 c309-10GC (Link to this contribution) moved Amendment No. A149B:"Page 303, line 20, at end insert ““the person or persons taking responsib...
Lord Hodgson of Astley Abbotts | 680 c288GC (Link to this contribution) moved Amendment No. A139A:"Page 298, line 28, leave out paragraph (b)." The noble Lord said: We com...
Lord Hodgson of Astley Abbotts | 680 c289GC (Link to this contribution) I am grateful to the Attorney-General, first for explaining plan B; or is it plan A? It was importan...
Lord Goldsmith | 680 c288-9GC (Link to this contribution) On the question about plan B—which, in view of the time, is inevitably plan A, as we shall have to m...
Lord Hodgson of Astley Abbotts | 680 c291GC (Link to this contribution) In the spirit of honesty, I could reserve our position on Amendment No. A213 as and when we get ther...
Lord Hodgson of Astley Abbotts | 680 c353GC (Link to this contribution) I think I am convinced by the Minister’s remarks, other than the fact that he says the alternative t...
Lord Hodgson of Astley Abbotts | 680 c354-5GC (Link to this contribution) I would like to spend a moment on Amendment No. A191; not only does it concern the matters the noble...
Baroness Turner of Camden | 680 c326GC (Link to this contribution) If Amendment No. A168 is agreed to, I cannot call Amendment No. A168A by reason of pre-emption.
Lord Sharman | 680 c326GC (Link to this contribution) I listened carefully to the noble and learned Lord, but I repeat that there is an overriding require...
Lord Sharman | 680 c327-8GC (Link to this contribution) I thought that we were only being helpful. I will reflect on what the Minister has said. Meanwhile, ...
Lord Sharman | 680 c328-9GC (Link to this contribution) moved Amendment No. A172:"Page 439, line 39, at end insert—" ““(   )   In subsection (6) of sectio...
Lord Hodgson of Astley Abbotts | 680 c330GC (Link to this contribution) moved Amendment No. A172A:"Page 439, line 40, leave out sub-paragraph (6)." The noble Lord said: Wi...
Lord Hodgson of Astley Abbotts | 680 c331GC (Link to this contribution) I am grateful to the Minister. From that, I take it that shares bought on the market unconditionally...
Lord Sharman | 680 c331GC (Link to this contribution) moved Amendment No. A173:"Page 440, line 8, at end insert—" ““(3B)   Without prejudice to subsecti...
Lord Hodgson of Astley Abbotts | 680 c322GC (Link to this contribution) I understand the background to this and we have discussed it. We may wish to return to this, as may ...
Lord Goldsmith | 680 c320GC (Link to this contribution) The amendment raises an important question about the operation of irrevocable undertakings. We recog...
Lord Hodgson of Astley Abbotts | 680 c319-20GC (Link to this contribution) moved Amendment No. A162C:"Page 310, line 37, after ““2004”” insert ““other than an agreement intend...
Lord Goldsmith | 680 c323GC (Link to this contribution) On this occasion I think I shall read carefully what the noble Lord has said. Having said that, I th...
Lord Goldsmith | 680 c323GC (Link to this contribution) moved Amendment No. A165:"Page 315, leave out lines 14 to 16." On Question, amendment agreed to. C...
Lord Hodgson of Astley Abbotts | 680 c322GC (Link to this contribution) moved Amendment No. A164A:"Page 312, line 37, leave out paragraph (a)." The noble Lord said: We hav...
Lord Goldsmith | 680 c311GC (Link to this contribution) I understand where the amendment is coming from, but it is important to read Clause 629. [The Sitti...
Lord Goldsmith | 680 c310-1GC (Link to this contribution) moved Amendments Nos. A152 to A154:"Page 304, leave out lines 9 to 11.""Page 304, line 13, leave out...
Lord Sharman | 680 c316GC (Link to this contribution) I thank the Minister for his full explanation of the Government’s position with regard to these amen...
Lord Hodgson of Astley Abbotts | 680 c317GC (Link to this contribution) I have put my name to this amendment, and I would only add to what the noble Lord, Lord Sharman, has...
Lord Goldsmith | 680 c317GC (Link to this contribution) There is a superficial attraction to what the noble Lords have said, but there is another important ...
Lord Sharman | 680 c317GC (Link to this contribution) I am grateful that the Minister is going to look at practice in other countries. Those of us who hav...
Lord Sharman | 680 c349GC (Link to this contribution) I have listened to what the Minister has said. I simply would say to him that if he has no intention...
Lord McKenzie of Luton | 680 c348-9GC (Link to this contribution) Other clauses in the Bill do much to make it easier for companies, if they wish, to submit informati...
Lord McKenzie of Luton | 680 c352-3GC (Link to this contribution) It is true that ““register”” appears on numerous occasions in this Bill, as it does in the existing ...
Lord McKenzie of Luton | 680 c345GC (Link to this contribution) I have a great deal of sympathy with the amendments and am grateful to the noble Lord for the helpfu...
Lord Sharman | 680 c345GC (Link to this contribution) In view of that helpful response, I beg leave to withdraw the amendment. Amendment, by leave, withd...
Lord McKenzie of Luton | 680 c346GC (Link to this contribution) As the noble Lord may have noticed—and as we will debate shortly—the next item on the Marshalled Lis...
Lord Sharman | 680 c345GC (Link to this contribution) moved Amendment No. A187:"Page 327, line 24, after ““name”” insert ““and registered number””" The n...
Lord Hodgson of Astley Abbotts | 680 c339-40GC (Link to this contribution) I am grateful, but I am not sure that we are preserving flexibility. We are preserving the rigidity ...
Lord McKenzie of Luton | 680 c339GC (Link to this contribution) We accept that there could be some scope for confusion as the Bill is drafted. We see no difficulty ...
Lord Sharman | 680 c339GC (Link to this contribution) I am very grateful for that—it comes after a long afternoon. On Question, amendment agreed to. Cla...
Lord Sainsbury of Turville | 680 c335GC (Link to this contribution) The amendment provides in terms that, where a notice of an application under Section 430C has not be...
Lord Sharman | 680 c337GC (Link to this contribution) I will not press the matter today, but I ask that the Government reconsider this. It is increasingly...
Lord Sharman | 680 c336-7GC (Link to this contribution) moved Amendment No. A179:"Page 321, line 34, leave out second ““company”” and insert ““corporate bod...
Lord Sainsbury of Turville | 680 c333GC (Link to this contribution) In considering the current sequence of amendments, we move on from provisions relating to squeeze-ou...
Lord Hodgson of Astley Abbotts | 680 c334GC (Link to this contribution) Again, we will not dwell on this at length this evening, but I think that if the Minister reads subs...
Lord Sainsbury of Turville | 680 c334GC (Link to this contribution) The amendment raises an interesting conceptual issue—that is, whether the requirement to give notice...
Baroness Noakes | 680 c295GC (Link to this contribution) My point is that at the moment, the Takeover Panel will be subject to the general law, and that it d...
Lord Hodgson of Astley Abbotts | 680 c293-4GC (Link to this contribution) moved Amendment No. A143AA:"Page 301, line 3, at end insert ““and””" The noble Lord said: The amend...
Baroness Noakes | 680 c294GC (Link to this contribution) Can the noble and learned Lord say how many gateways exist at present?
Lord Goldsmith | 680 c300GC (Link to this contribution) moved Amendments Nos. A146 and A147:"Page 436, line 1, after ““advocate,”” insert ““foreign lawyer,”...
Lord Hodgson of Astley Abbotts | 680 c298-9GC (Link to this contribution) I am grateful to the Minister for the teaching on the takeovers directive. I have noted that. What g...
Lord Hodgson of Astley Abbotts | 680 c297-8GC (Link to this contribution) moved Amendment No. A143B:"Page 301, line 19, leave out subsections (6) and (7)." The noble Lord sa...
Baroness Thomas of Walliswood | 680 c302GC (Link to this contribution) We shall have to adjourn for 10 minutes. [The Sitting was suspended for a Division in the House fro...
Lord Hodgson of Astley Abbotts | 680 c302GC (Link to this contribution) The noble and learned Lord had just replied to the group of amendments. He dealt with Amendments Nos...
Lord Goldsmith | 680 c302-3GC (Link to this contribution) Having heard that very helpful explanation, I do not think that it is necessary to make reference to...
Lord Hodgson of Astley Abbotts | 680 c303GC (Link to this contribution) I hear the noble and learned Lord’s response. We did not understand that the hearings committee esta...
Lord Goldsmith | 680 c301-2GC (Link to this contribution) I am happy to have a single debate about the amendments, but I need to deal with them separately bec...
Lord Hodgson of Astley Abbotts | 680 c302GC (Link to this contribution) I am grateful to the noble and learned Lord. Perhaps I may deal first with the last two amendments. ...
Lord Sharman | 680 c307-8GC (Link to this contribution) moved Amendment No. A149:"Page 303, line 18, at end insert ““in the United Kingdom””" The noble Lor...
Lord Goldsmith | 680 c310GC (Link to this contribution) For the reasons I gave in relation to the last group of amendments, I cannot accept this amendment. ...
Lord Sharman | 680 c309GC (Link to this contribution) I am very grateful for the detailed explanation the Attorney-General has given. I should, of course,...
Lord Hodgson of Astley Abbotts | 680 c303GC (Link to this contribution) We thought that there was a danger in the panel providing the rules for the Takeover Appeal Board. T...
Baroness Thomas of Walliswood | 680 c285GC (Link to this contribution) If there is a Division in the Chamber while we are sitting, this Committee will adjourn as soon as t...
Lord Hodgson of Astley Abbotts | 680 c287-8GC (Link to this contribution) I am sure the Committee is very grateful to the noble and learned Lord for that extensive introducti...
Lord Goldsmith | 680 c291-2GC (Link to this contribution) These clauses introduce provisions relating to the protection of confidential information and they d...
Baroness Noakes | 680 c292-3GC (Link to this contribution) We discussed this in a similar context when we examined chapter 12 of Part 15, which related to the ...
Lord Goldsmith | 680 c290-1GC (Link to this contribution) The reason for doing that is that, in moving the earlier amendments and substituting this descriptio...
Lord Goldsmith | 680 c291GC (Link to this contribution) moved Amendments Nos. A142 and A143:"Page 300, line 28, leave out ““legible”” and insert ““hard copy...
Lord Goldsmith | 680 c289-90GC (Link to this contribution) moved Amendment No. A140:"Page 298, line 31, leave out subsections (4) and (5) and insert—" ““(4) ...
Lord Hodgson of Astley Abbotts | 680 c290GC (Link to this contribution) I am content with these amendments, although I was slightly surprised to see Amendment No. A213 in t...
Lord Goldsmith | 680 c290GC (Link to this contribution) moved Amendment No. A141:"Page 300, line 27, leave out ““legible and intelligible”” and insert ““har...
Lord McKenzie of Luton | 680 c353GC (Link to this contribution) moved Amendment No. A190F:"Page 336, line 7, leave out subsection (5) and insert—" ““(5)   Any dut...
Lord Sainsbury of Turville | 680 c356GC (Link to this contribution) This may be a convenient moment for the Committee to adjourn until Thursday at two o’clock.
Countess of Mar | 680 c356GC (Link to this contribution) The Committee stands adjourned until Thursday.
Countess of Mar | 680 c329GC (Link to this contribution) I suggest that we adjourn for 10 minutes for the Division and return at 6.40 pm. [The Sitting was s...
Lord Hodgson of Astley Abbotts | 680 c327GC (Link to this contribution) I have two amendments in this group, Amendments Nos. A168A and A169ZA. They seek the same clarificat...
Lord Sharman | 680 c326-7GC (Link to this contribution) moved Amendment No. A168:"Page 438, leave out line 10 and insert—" ““(a)   the time and date of th...
Lord Sainsbury of Turville | 680 c327GC (Link to this contribution) I fully understand that these amendments are intended to help define various matters more precisely....
Lord Sainsbury of Turville | 680 c329-30GC (Link to this contribution) My answer can be summarised by saying that it all depends which particular onion you are talking abo...
Lord Sharman | 680 c330GC (Link to this contribution) I am grateful to the noble Lord for his explanation. I shall read carefully what he said but, meanwh...
Lord Hodgson of Astley Abbotts | 680 c331GC (Link to this contribution) In that case, again I am grateful to the Minister and I beg leave to withdraw the amendment. Amendm...
Lord Goldsmith | 680 c321-2GC (Link to this contribution) As the noble Lord said, this really does come back to our earlier debate. The amendment is a helpful...
Lord Goldsmith | 680 c321GC (Link to this contribution) moved Amendment No. A163:"Page 310, line 40, at end insert—" ““(   )   The reference in subsection...
Lord Hodgson of Astley Abbotts | 680 c318-9GC (Link to this contribution) It is not often that the Attorney-General leaves me speechless, but that leaves me speechless. A pra...
Lord Goldsmith | 680 c318GC (Link to this contribution) Yet again, when we come to implementation of a Community directive, we have the choice of whether we...
Lord Goldsmith | 680 c324GC (Link to this contribution) moved Amendment No. A166:"Page 316, line 12, leave out ““(within the meaning of Directive 2004/39/EC...
Lord Hodgson of Astley Abbotts | 680 c323GC (Link to this contribution) Yes, I shall consider carefully what the noble and learned Lord has said, and I am grateful for his ...
Lord Hodgson of Astley Abbotts | 680 c323GC (Link to this contribution) I am grateful for that and I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. ...
Lord Goldsmith | 680 c322-3GC (Link to this contribution) The reason for the change is so that we can bring within the terminology that we normally use in Com...
Lord Hodgson of Astley Abbotts | 680 c312GC (Link to this contribution) I stand corrected. The reality is, though, that when the panel comes to see what is just and reasona...
Lord Goldsmith | 680 c311-2GC (Link to this contribution) In Clause 629 we wanted to give the panel a power to include provision within its rules for the paym...
Lord Hodgson of Astley Abbotts | 680 c312GC (Link to this contribution) I thought the Minister made an elegant case and then shot his own fox at the end, if I may make so b...
Lord Goldsmith | 680 c313GC (Link to this contribution) I really do not see a problem with the clause as it stands, in particular with the definition of ““r...
Lord Hodgson of Astley Abbotts | 680 c310GC (Link to this contribution) I shall consider what the Attorney-General has said to see whether the drafting could be improved to...
Lord Goldsmith | 680 c314GC (Link to this contribution) moved Amendment No. A157:"Page 308, line 29, at end insert—" ““(   )   In section 417(1) (definiti...
Lord Sharman | 680 c314-5GC (Link to this contribution) moved Amendment No. A158:"Page 309, line 3, leave out subsection (3)." The noble Lord said: In movi...
Lord Sharman | 680 c349-50GC (Link to this contribution) moved Amendment No. A189:"Page 332, line 44, at end insert—" ““(   )   A document that is replaced...
Lord Hodgson of Astley Abbotts | 680 c352GC (Link to this contribution) moved Amendment No. A190DA:"Page 335, line 19, after ““““the”” insert ““records””" The noble Lord s...
Lord Sharman | 680 c347-8GC (Link to this contribution) In opposing that Clause 681 should stand part of the Bill, I seek to remove the power of the Secreta...
Baroness Noakes | 680 c348GC (Link to this contribution) I also support the noble Lord, Lord Sharman. The registrar has already achieved incentives for elect...
Lord McKenzie of Luton | 680 c341GC (Link to this contribution) moved Amendment No. A185A:"After Clause 666, insert the following new clause—" ““OTHER RETURNS ETC...
Lord McKenzie of Luton | 680 c340GC (Link to this contribution) moved Amendment No. A185:"Page 324, line 24, leave out from ““required”” to end of line 25 and inser...
Lord Sharman | 680 c342-3GC (Link to this contribution) moved Amendment No. A186:"Page 326, line 21, at end insert—" ““(   )   If any person suffers any l...
Lord Hodgson of Astley Abbotts | 680 c340GC (Link to this contribution) I am grateful for that further elucidation, if elucidation it be. I shall read carefully the interpl...
Lord Hodgson of Astley Abbotts | 680 c339GC (Link to this contribution) moved Amendment No. A183A:"Page 323, line 29, leave out ““that”” and insert ““which is not required ...
Lord Sainsbury of Turville | 680 c335-6GC (Link to this contribution) moved Amendment No. A176:"Page 444, leave out lines 39 to 41." On Question, amendment agreed to. S...
Lord Sharman | 680 c335GC (Link to this contribution) I am very grateful to the Minister for that reply. I await with interest the other means the Governm...
Lord Hodgson of Astley Abbotts | 680 c331-2GC (Link to this contribution) My name is added to this amendment and I agree with what the noble Lord, Lord Sharman, has said. The...
Lord Sainsbury of Turville | 680 c332GC (Link to this contribution) We very much understand the concerns that give rise to the amendment. This area has been debated to ...
Lord Sharman | 680 c332GC (Link to this contribution) I understand what the noble Lord has said and, as I said previously, I will reflect on his comments....
Lord Hodgson of Astley Abbotts | 680 c332-3GC (Link to this contribution) moved Amendment No. A173A:"Page 440, line 18, leave out ““where”” and insert ““of””" The noble Lord...
Lord Hodgson of Astley Abbotts | 680 c333GC (Link to this contribution) I am grateful to the Minister. I do not think that ten to seven on a Tuesday evening is the time to ...
Baroness Noakes | 680 c294-5GC (Link to this contribution) My point is that at the moment the Takeover Panel will be subject to the normal laws regarding confi...
Lord Goldsmith | 680 c295GC (Link to this contribution) I am surprised by that. Is the noble Baroness proposing that the Takeover Panel, which has an essent...
Lord Goldsmith | 680 c295-6GC (Link to this contribution) I am sorry; I simply do not understand that. I have just given an example of where the panel needs t...
Lord Goldsmith | 680 c294GC (Link to this contribution) I understand the question raised, which is effectively about the length of the list of gateways. We ...
Lord Hodgson of Astley Abbotts | 680 c299GC (Link to this contribution) had given notice of his intention to move Amendment No. A144A:"Page 301, line 24, leave out paragrap...
Lord Goldsmith | 680 c303GC (Link to this contribution) The Takeover Appeal Board makes its own rules.
Lord Goldsmith | 680 c303GC (Link to this contribution) The answer is that it is not. The Bill does not provide for the power for the appeal board to make r...
Lord Hodgson of Astley Abbotts | 680 c303-4GC (Link to this contribution) moved Amendment No. A147B:"Page 303, line 15, at end insert ““, or" (   )   failed to comply with ...
Lord Goldsmith | 680 c304-5GC (Link to this contribution) I need to explain why the Government are taking the view that it is necessary to create a new offenc...
Lord Goldsmith | 680 c288GC (Link to this contribution) I welcome the fact that the noble Lord is going to engage and to invite the Committee to engage in c...
Lord Hodgson of Astley Abbotts | 680 c293GC (Link to this contribution) I am grateful to my noble friend for her contribution, and for reminding me of discussions that we h...
Lord Hodgson of Astley Abbotts | 680 c291GC (Link to this contribution) moved Amendment No. A143A:"Page 301, line 2, leave out paragraph (a)." The noble Lord said: We have...
Lord McKenzie of Luton | 680 c356GC (Link to this contribution) moved Amendment No. A191A:"Page 336, line 29, at end insert ““as is mentioned in paragraph (b)””" O...
Lord McKenzie of Luton | 680 c355-6GC (Link to this contribution) I am grateful to the noble Lord for not accepting my invitation to withdraw the amendment and for sp...
Lord Hodgson of Astley Abbotts | 680 c356GC (Link to this contribution) I accept the point that the Minister made. This is something that the Institute of Chartered Account...
Lord Sainsbury of Turville | 680 c328GC (Link to this contribution) The squeeze-out and sell-out provisions arise from the need to implement Article 15 of the takeovers...
Lord Hodgson of Astley Abbotts | 680 c328GC (Link to this contribution) moved Amendment No. A169A:"Page 439, line 15, leave out from ““day”” to ““; or”” in line 16 and inse...
Lord Hodgson of Astley Abbotts | 680 c328GC (Link to this contribution) I am grateful to the Minister. I welcome him to the Dispatch Box for his innings. Legal certainty is...
Lord Sharman | 680 c329GC (Link to this contribution) As the Bill, when enacted, is not to be a full consolidation but is incorporating amendments to the ...
Lord Sainsbury of Turville | 680 c330GC (Link to this contribution) We are taking the opportunity to clarify what is meant by ““contracted to acquire””. This arose from...
Lord Hodgson of Astley Abbotts | 680 c321GC (Link to this contribution) moved Amendment No. A163A:"Page 310, line 43, at end insert—" ““(   )   Any provision of the compa...
Lord Hodgson of Astley Abbotts | 680 c320GC (Link to this contribution) I am grateful to the Attorney-General for that explanation. This is a very important issue. While he...
Lord Sharman | 680 c324-5GC (Link to this contribution) moved Amendment No. A167:"Page 436, line 37, at end insert—" ““(1)   Section 425 of the Companies ...
Lord Goldsmith | 680 c325-6GC (Link to this contribution) This amendment would make three significant changes to Section 425 of the 1985 Act. The starting poi...
Lord Goldsmith | 680 c312GC (Link to this contribution) With respect, I did not say ““on most occasions””. I said I could see that there could be occasions ...
Lord Sharman | 680 c312-3GC (Link to this contribution) moved Amendment No. A155:"Page 305, line 4, at end insert ““whether pursuant to a decision or ruling...
Lord Sharman | 680 c316-7GC (Link to this contribution) moved Amendment No. A162:"Page 310, line 9, leave out subsection (6)." The noble Lord said: This is...
Lord Sharman | 680 c313GC (Link to this contribution) As I said at the outset, this amendment was tabled on the advice of the Law Society. I would like to...
Lord Goldsmith | 680 c314GC (Link to this contribution) moved Amendment No. A156:"Page 308, leave out lines 8 to 10 and insert—" ““(3A)   Section 348 does...
Lord Goldsmith | 680 c315-6GC (Link to this contribution) I am going to resist all of these amendments. We would have to rework our approach to implementation...
Lord McKenzie of Luton | 680 c349GC (Link to this contribution) moved Amendments Nos. A188B to A188C:"Page 330, line 18, leave out sub-paragraphs (ii) and (iii) and...
Lord McKenzie of Luton | 680 c349GC (Link to this contribution) As I hoped I had explained, it is there because at some stage in the future it may be desirable to u...
Lord McKenzie of Luton | 680 c352GC (Link to this contribution) moved Amendments Nos. A190A to A190D:"Page 333, leave out line 23.""Page 333, line 30, at end insert...
Lord Sharman | 680 c351-2GC (Link to this contribution) I am grateful for that very full and detailed explanation. I shall reflect on it. In the mean time, ...
Lord Sharman | 680 c345-6GC (Link to this contribution) moved Amendment No. A188:"Page 328, line 38, leave out subsection (2)." The noble Lord said: On the...
Lord McKenzie of Luton | 680 c347GC (Link to this contribution) moved Amendment No. A188A:"After Clause 680, insert the following new clause—" ““REGISTRAR’S REQUI...
Lord Hodgson of Astley Abbotts | 680 c348GC (Link to this contribution) The noble Lord, Lord Sharman, has made a powerful case. As the noble Lord, Lord Sainsbury, keeps tel...
Lord McKenzie of Luton | 680 c344GC (Link to this contribution) I should just like to stress that I was not saying that errors were not made. If anything occurred a...
Lord McKenzie of Luton | 680 c338GC (Link to this contribution) moved Amendment No. A181:"Page 322, line 8, at end insert—" ““(   )   In subsection (2)— ““branch”...
Lord McKenzie of Luton | 680 c340GC (Link to this contribution) The 11th company law directive imposes disclosure requirements on overseas companies opening branche...
Lord Sharman | 680 c338-9GC (Link to this contribution) moved Amendment No. A183:"Page 322, line 33, at beginning insert ““Subject only to subsection (5),””...
Lord McKenzie of Luton | 680 c340GC (Link to this contribution) moved Amendment No. A184:"Page 323, line 42, leave out from ““required”” to end of line 43 and inser...
Lord Sainsbury of Turville | 680 c336GC (Link to this contribution) moved Amendment No. A177:"Page 319, leave out lines 6 to 9 and insert—" ““(   )   The power under ...
Lord McKenzie of Luton | 680 c337GC (Link to this contribution) Clause 660 defines ““oversea company”” as meaning a company incorporated outside the UK. The definit...
Lord Sainsbury of Turville | 680 c336GC (Link to this contribution) moved Amendment No. A178:"After Clause 653, insert the following new clause—" ““POWER TO REQUIRE P...
Lord Sharman | 680 c338GC (Link to this contribution) Amendment No. A182 is included in this group only to confirm that it seems to me, as the Minister ha...
Lord McKenzie of Luton | 680 c337-8GC (Link to this contribution) moved Amendment No. A180:"Page 322, line 4, leave out subsection (2) and insert—" ““(2)   The regu...
Lord Hodgson of Astley Abbotts | 680 c333-4GC (Link to this contribution) moved Amendment No. A173E:"Page 441, line 38, leave out ““the time”” and insert ““satisfaction of th...
Lord Sharman | 680 c334-5GC (Link to this contribution) moved Amendment No. A175:"Page 443, line 14, at end insert—" ““(6A)   Notwithstanding subsection (...
Lord Goldsmith | 680 c297GC (Link to this contribution) Before the noble Lord withdraws his amendment, I really must help to lower the temperature. I felt w...
Lord Hodgson of Astley Abbotts | 680 c296-7GC (Link to this contribution) I am grateful to my noble friend for her intervention on this matter. I think the noble and learned ...
Lord Goldsmith | 680 c294GC (Link to this contribution) I cannot, unless I am handed a note from behind. The noble Baroness is mouthing, ““None””. If the pa...
Lord Hodgson of Astley Abbotts | 680 c300-1GC (Link to this contribution) moved Amendment No. A147AA:"Page 302, line 32, leave out ““may”” and insert ““must””" The noble Lor...
Lord Goldsmith | 680 c299GC (Link to this contribution) moved Amendment No. A144:"Page 301, line 19, leave out subsection (6) and insert—" ““(6)   Subsect...
Lord Hodgson of Astley Abbotts | 680 c297GC (Link to this contribution) I am grateful to the Attorney-General. I beg leave to withdraw the amendment. Amendment, by leave, ...
Lord Hodgson of Astley Abbotts | 680 c303GC (Link to this contribution) Yes, sorry—the Takeover Appeal Board. We did not see how that came about. Perhaps I can seek enlight...
Lord Goldsmith | 680 c308-9GC (Link to this contribution) I welcome the noble Lord to this afternoon’s Committee sitting. He will have a success with his firs...
Lord Hodgson of Astley Abbotts | 680 c305GC (Link to this contribution) I am grateful to the noble and learned Lord for his explanation. Leaving aside Article 17 and the pe...
Lord Goldsmith | 680 c305-7GC (Link to this contribution) moved Amendment No. A148:"Page 303, line 15, at end insert—" ““(2)   Subsection (3) applies where ...
Subjects
Disclosure of information Appeals Accountancy Company law Companies Directors Finance EU law Foreign companies Registration Shares Reform Shareholders Takeovers Takeover Panel
Legislation
Company Law Reform Bill (HL) 2005-06
Link
View this Parliamentary proceeding on www.publications.parliament.uk