Legislation – Economic Crime and Corporate Transparency Act 2023
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PART 1Companies etc
Facilitating electronic delivery
75Delivery of documents by electronic means
(1)
The Companies Act 2006 is amended as follows.
(2)
In section 1068 (registrar’s requirements as to form, authentication and manner of delivery)—
(a)
“(4A)
Any requirements under subsection (4)(b) to (d) must be imposed by means of registrar’s rules.”;
(b)
omit subsections (5) to (6A).
(3)
Omit section 1069 (power to require delivery by electronic means).
(4)
In section 1072 (requirements for proper delivery), in subsection (1)(b), omit “section 1069 (power to require delivery by electronic means),”.
76Delivery of order confirming reduction of share capital
In section 649 of the Companies Act 2006 (registration of court order confirming reduction of share capital and statement of capital), in subsection (1), for the words from “production of an order” to “copy of the order” substitute “the delivery of a copy of a court order confirming the reduction of a company’s share capital”
.
77Delivery of statutory declaration of solvency
(1)
In section 89 of the Insolvency Act 1986 (statutory declaration of solvency)—
(a)
in subsection (3), for “The declaration” substitute “A copy of the declaration”
;
(b)
in subsection (6), after “If” insert “a copy of”
.
(2)
In Article 75 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (statutory declaration of solvency)—
(a)
in paragraph (3), for “The declaration” substitute “A copy of the declaration”
;
(b)
in paragraph (6), after “If” insert “a copy of”
.
78Registrar’s rules requiring documents to be delivered together
(1)
The Companies Act 2006 is amended as follows.
(2)
“1068ARegistrar’s rules requiring documents to be delivered together
(1)
Registrar’s rules may provide for circumstances where—
(a)
a person who is required to deliver two or more documents to the registrar must deliver them together;
(b)
a person who wishes to deliver two or more documents authorised to be delivered to the registrar is required to deliver them together (so that, for example, if one document is delivered on its own, the others cannot be delivered on a later occasion);
(c)
a person who wishes to deliver one or more documents authorised to be delivered to the registrar is required to deliver them together with one or more documents that the person is required to deliver to the registrar (so that, for example, if a document that is required to be delivered has been delivered on its own, the documents that are authorised to be delivered cannot be delivered on a later occasion).
(2)
Provision may not be made under subsection (1)(a) that would have the effect of requiring any document to be delivered earlier than it would otherwise be required to be delivered.”
(3)
“section 1068A (rules requiring documents to be delivered together),”.