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The European Public Limited-Liability Company (Register of People with Significant Control) Regulations 2016

Consolidated Text As Enacted Cited authorities 22 Cited in Amendments 6 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2016/375
(1) These Regulations may be cited as the European Public Limited-Liability Company (Register of People with Significant Control) Regulations 2016.(2) These Regulations come into force on 6th April 2016 other than Parts 2 and 3 which come into force on 30th June 2016.
  • In these Regulations—
    • (1) The SE Regulations are amended as follows.in sub-paragraph (c) , omit “and”; andin sub-paragraph (d) , for “(see regulation 10C) .” substitute—
      (see regulation 10C) ; and
    • (e) a statement of initial significant control (see section 12A of the 2006 Act) .
    a statement of initial significant control (see section 12A of the 2006 Act) .in sub-paragraph (c) , omit “and”; andin sub-paragraph (d) (ii) , for “proposed SE.” substitute—
      proposed SE; and
    • (e) a statement of initial significant control (see section 12A of the 2006 Act) .
    a statement of initial significant control (see section 12A of the 2006 Act) .in sub-paragraph (c) , omit “and”; andin sub-paragraph (d) (ii) , for “subsidiary SE.” substitute—
      subsidiary SE; and
    • (e) a statement of initial significant control (see section 12A of the 2006 Act) .
    a statement of initial significant control (see section 12A of the 2006 Act) .in sub-paragraph (c) , omit “and”; andin sub-paragraph (d) (ii) , for “company.” substitute—
      company; and
    • (e) a statement of initial significant control (see section 12A of the 2006 Act) .
    a statement of initial significant control (see section 12A of the 2006 Act) .in sub-paragraph (c) , omit “and”; andin sub-paragraph (d) (ii) , for “subsidiary SE.” substitute—
      subsidiary SE; and
    • (e) a statement of initial significant control (see section 12A of the 2006 Act) .
    a statement of initial significant control (see section 12A of the 2006 Act) .in sub-paragraph (a) , omit “and”; andin sub-paragraph (b) , for “(see regulation 10B) .” substitute—
      (see regulation 10B) ; and
    • (c) a statement of initial significant control (see section 12A of the 2006 Act) .
    a statement of initial significant control (see section 12A of the 2006 Act) .(8) After regulation 80D insert—
      (80DA) Information within section 790ZF(2) : restriction on use or disclosure by an SEIn the application to an SE of section 241(1) (b) of the 2006 Act as applied by section 790ZF of that Act, the reference to any requirement of the Companies Acts includes a reference to any requirement in regulations 5 to 10 and 85.
    In the application to an SE of section 241(1) (b) of the 2006 Act as applied by section 790ZF of that Act, the reference to any requirement of the Companies Acts includes a reference to any requirement in regulations 5 to 10 and 85.in sub-paragraph (c) , in the second place where it appears, omit “and”; andin sub-paragraph (d) , for “Northern Ireland.” substitute—
      Northern Ireland; and
    • (e) a statement of initial significant control (see section 12A of the 2006 Act) .
    a statement of initial significant control (see section 12A of the 2006 Act) .
  • Section 12A of the Act is modified in its application to SEs so that the references to “incorporation” are read as “registration”.
  • Section 790M(9) (c) of the Act is modified in its application to SEs so that it reads as follows—
    • they were included in a statement of initial significant control delivered to the registrar under regulations 5 to 10 or 85 of the European Public Limited-Liability Company Regulations 2004.
  • Section 790M(10) of the Act is modified in its application to SEs so that references to “incorporation” are read as “registration”.
  • Regulation 27 of the 2016 Regulations is modified in its application to SEs so that it reads as follows—
      (27) Application by a signatory to a statement of proposed members requiring the registrar to refrain from disclosing an individual's usual residential address information to a credit reference agency
    • (1) Where it is proposed to register an SE in the United Kingdom under regulations 5 to 10 of the European Public Limited-Liability Company Regulations 2004, a signatory to the statement of proposed members (“the applicant”) may make an application requiring the registrar to refrain from disclosing to a credit reference agency information within section 790ZF(2) of the Act relating to an individual (“R”) who proposes to become, on or after the registration of the SE to which the statement relates, a registrable person in relation to the SE.
    • (2) A signatory to a statement of proposed members may only make an application under paragraph (1) where R has given consent for the signatory to make the application on R's behalf.
    • (3) The grounds on which an application may be made are that—
    • (a) the applicant reasonably believes that there is a serious risk that R, or a person who lives with R, will be subjected to violence or intimidation as a result of the proposed activities of the SE to which the statement of proposed members relates; or
    • (b) a section 243 decision has been made in respect of R which has not ceased to have effect under regulation 15 of the 2009 Regulations.
    • Where it is proposed to register an SE in the United Kingdom under regulations 5 to 10 of the European Public Limited-Liability Company Regulations 2004, a signatory to the statement of proposed members (“the applicant”) may make an application requiring the registrar to refrain from disclosing to a credit reference agency information within section 790ZF(2) of the Act relating to an individual (“R”) who proposes to become, on or after the registration of the SE to which the statement relates, a registrable person in relation to the SE.A signatory to a statement of proposed members may only make an application under paragraph (1) where R has given consent for the signatory to make the application on R's behalf.the applicant reasonably believes that there is a serious risk that R, or a person who lives with R, will be subjected to violence or intimidation as a result of the proposed activities of the SE to which the statement of proposed members relates; ora section 243 decision has been made in respect of R which has not ceased to have effect under regulation 15 of the 2009 Regulations.Where the grounds of the application are those described in paragraph (3) (b) , the application must only relate to one individual who proposes to become a registrable person in relation to the proposed SE.a statement of the grounds on which the application is made;confirmation that R consents to the making of the application;the name and any former name of the applicant;the usual residential address of the applicant;the e-mail address of the applicant, if any;the name

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