moved Amendment No. A124A:"Page 291, line 12, leave out subsections (2) and (3)."
The noble Lord said: This raises issues about Section 211 of the Companies Act 1985. Subsections (2) and (3) of Clause 600 provide that:"““A company must give notice to the registrar of companies of the place where the register is kept available for inspection and of any change””,"
in that location unless it is held in the company’s office. We believe that this obligation is not imposed on companies in any of the present Companies Act legislation."Page 186 of the Explanatory Notes states:""““These clauses re-enact section 211 of the 1985 Act. Clause 600 provides that the register of interests disclosed must be kept available for inspection at the company’s registered office or the place where the company’s register of members is kept. The company must advise the registrar where the register is kept (unless it has always been kept at the registered office)””."
We cannot find that requirement anywhere in the present Act. Indeed, subsection (8) of Section 211 says nothing about the requirement regarding a company’s registered office. It may be that with all the layers of company legislation we have this wrong. I am sure the Minister, backed by his extensive help, can put us right. However, I question whether it is necessary to impose this new obligation on companies. I accept that we have not yet heard the arguments for it, but as ever I am in deregulatory mode. I beg to move.
Company Law Bill [HL]
Proceeding contribution from
Lord Hodgson of Astley Abbotts
(Conservative)
in the House of Lords on Monday, 20 March 2006.
It occurred during Debate on bills
and
Committee proceeding on Company Law Bill [HL].
Type
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680 c58GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
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