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Draft Companies (Share Capital and Acquisition by Company of its Own Shares) Regulations 2009; draft Community Interest Company (Amendment) Regulations 2009. Considered by Delegated Legislation Committee.

Type
Debates on delegated legislation; Delegated Legislation Committee proceedings
Date
14 July 2009
Reference
5th DLC
House
House of Commons

The draft statutory instruments that we are to debate this afternoon are an important part of our implementation of the Companies Act 2006. The Act reformed and clarified company law in many areas and brought company legislation together in one place. The Act makes it easier to set up businesses,...

Member
Lord Young of Norwood Green (Labour)
Type
Proceeding contributions
Date
6 July 2009
Reference
712 c169-70GC
House
House of Lords

I thank the Minister for introducing the regulations, which seem to contain rather a jumble of consequential changes in the law with regard to company shares and their creditors. I defer to the noble Lord, Lord Razzall, who is the only noble Lord present who was fully involved in debates...

Member
Lord De Mauley (Conservative)
Type
Proceeding contributions
Date
6 July 2009
Reference
712 c170-1GC
House
House of Lords

That the Grand Committee do report to the House that it has considered the Companies (Share Capital and Acquisition by Company of its Own Shares) Regulations 2009. Relevant document: 18th Report from the Joint Committee on Statutory Instruments.

Member
Lord Young of Norwood Green (Labour)
Type
Proceeding contributions
Date
6 July 2009
Reference
712 c168GC
House
House of Lords

I support these regulations. They are an important continuation of what is required under the Companies Act, with the Government having learnt from what has happened since the introduction of that Act. Having made a slight criticism of the Explanatory Memorandum during debate on the previous statutory instrument, perhaps I...

Member
Lord Razzall (Liberal Democrat)
Type
Proceeding contributions
Date
6 July 2009
Reference
712 c171GC
House
House of Lords

To answer the questions put by the noble Lord, Lord De Mauley, creditors will not be affected by the removal of the limit on treasury shares. Creditors have the protection that their own shares can generally be purchased only out of distributable profits. Once the shares are purchased, the creditors’...

Member
Lord Young of Norwood Green (Labour)
Type
Proceeding contributions
Date
6 July 2009
Reference
712 c171-2GC
House
House of Lords

Draft Companies (Share Capital and Acquisition by Company of its Own Shares) Regulations 2009. Lords debate on a motion to consider. Agreed to on question. Grand Committee held in the Moses Room. [Relevant document: 18th report from the Joint Committee on Statutory Instruments]

Lead member
Lord Young of Norwood Green
Answering member
Lord De Mauley
Department
Department for Business, Innovation and Skills
Type
Debates on delegated legislation
Date
6 July 2009
Reference
712 c168-72GC
House
House of Lords

Letter dated 02/07/2009 from Sarah McCarthy-Fry MP to David Gauke MP regarding economic recovery. 1 p.

Deposited by
Treasury
Type
Deposited papers
Date
2 July 2009
Reference
DEP2009-1884
House
House of Commons
Type
Public acts
Date
12 February 2009
Reference
CHAP 1 2009

Wearing his consumer hat, and given his obvious interest in the subject, has the noble Lord looked at this from the other point of view? That is where government intervention in this field disadvantages the consumer. The examples that he cited of RBS and Lloyds/HBOS are good ones, where the...

Member
Lord Forsyth of Drumlean (Conservative)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1547
House
House of Lords

I do not want to prolong this debate unnecessarily, but that is exactly what subsection (6)(a) says, as does subsection (7)(a). The Minister is not saying anything additional. The opening words of both subsections say ““may require”” maximisation; then, "““an order must … subserviate it to pursuit of the special...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1535
House
House of Lords

Amendment 105A 105A: After Clause 62, insert the following new Clause— ““Competition and consumer issues (1) This section applies when evocation of any of the stabilisation options under sections 11, 12 or 13 results in the resultant company being the largest provider in any of the markets defined in subsection...

Member
Lord Whitty (Labour)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1542
House
House of Lords

Clause 58: Resolution Fund Amendment 99 99: Clause 58, page 28, line 29, leave out subsection (4)

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1531
House
House of Lords

This matter would seem to have more substance than one might have thought at first. I take it from what the Minister said that he will seek to add a simple amendment to Clause 54(2) on the independence of the person who will make the appointment. He is not a...

Member
Lord Higgins (Conservative)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1479
House
House of Lords

I will provide the noble Viscount, Lord Eccles, with a reply in writing, or perhaps later in Committee I will have the opportunity to provide the information that he seeks.

Member
Lord Myners (Labour)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1454
House
House of Lords

Amendments 89 to 91 89: Clause 48, page 23, line 26, leave out ““security interests or set-off or netting”” and insert ““protected”” 90: Clause 48, page 23, line 29, leave out ““security interests or set-off or netting”” and insert ““protected”” 91: Clause 48, page 23, line 33, leave out ““security...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1469
House
House of Lords

This amendment is even more fun. Amendments 101 and 103 replace the words ““subserviate it to”” with ““subordinate it to the”” on the two occasions that they appear in Clause 58. My question is: is ““subserviate”” a word? My spellchecker does not think so and the word appears in virtually...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1537
House
House of Lords

I hope that the Minister will have another look at this clause in the light of this debate and the points that have been raised. I think that one matter of language could be improved. When I first read Clause 57(3), I was confused as to what was to be...

Member
Lord Stewartby (Conservative)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1485
House
House of Lords

I am grateful to both noble Lords who have contributed to this short debate. I will do my best to answer the specific questions involved. The noble Viscount, Lord Eccles, raises some fundamental points with regard to the Government’s intentions for these provisions and explains why he wants his amendment...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1456-7
House
House of Lords

I told the Minister at the outset that I was probing the content of subsection (4), not challenging its position within the Bill. I said that I had accepted the case for the resolution fund. However, the Minister gave no new information whatsoever, other than falling back on that tired...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
19 January 2009
Reference
706 c1532
House
House of Lords