The Companies (Forms Amendment No. 2 and Company’s Type and Principal Business Activities) Regulations 1990

• Citation: S.I. 1990/1766
• Sections: 5

Section 1

These Regulations may be cited as the Companies (Forms Amendment No. 2 and Company’s Type and Principal Business Activities) Regulations 1990.

Section 2

In these Regulations—

“the 1985 Act ” means the Companies Act 1985 ;

“the 1989 Act ” means the Companies Act 1989 ;

“the 1985 Regulations ” means the Companies (Forms) Regulations 1985 ;

“the VAT Trade Classification” means the edition published by Her Majesty’s Stationery Office in August 1981 of the publication of that name prepared by Her Majesty’s Customs and Excise;

a reference to an “old section” is a reference to a section of the 1985 Act before its repeal by the 1989 Act;

a reference to a “new section” is a reference to a section of the 1985 Act following its substitution by the 1989 Act; and

“company” includes any body corporate to which new sections 363 to 365 are applied by an enactment.

Section 3

(1) With effect from 1st October 1990 forms 10, 288 and 691 in Schedule 2 to these Regulations, with such variations as circumstances require, are forms prescribed for the purposes of sections 10(2), 288(2) and 691(1)(b) of the 1985 Act respectively.

(2) With effect from 1st October 1990 the particulars contained in form 692(1)(b) in Schedule 2 to these Regulations are the particulars prescribed for the purposes of section 692(1)(b) of the 1985 Act, and with effect from that date form 692(1)(b) is deleted from Schedule 3 to the 1985 Regulations and the reference to that form in Part I of Schedule 4 to those Regulations is revoked.

(3) With effect from 1st January 1991 forms 10, 288 and 691 in Schedule 3 to the 1985 Regulations are revoked.

Section 4

(1) Subject to paragraph (4), with effect from 1st October 1990 forms 363a, 363b and 363s in Schedule 2 to these Regulations, with such variations as circumstances require, are the forms prescribed for the purposes of new section 363(2).

(2) Subject to paragraph (4), forms 363b and 363s in Schedule 2 to these Regulations are forms prescribed for the purposes of new section 287(3).

(3) Subject to paragraph (4), form 363s in Schedule 2 to these Regulations is a form prescribed for the purposes of section 288(2) of the 1985 Act, except for the purpose of notifying the appointment of a new director or secretary.

(4) Forms 363b and 363s in Schedule 2 to these Regulations are prescribed only where such a form has been delivered to a company by the registrar of companies for the purposes of an annual return by that company.

(5) With effect from 1st October 1990 a form 288 prescribed by these Regulations if annexed to a return in form 363s in Schedule 2 to these Regulations is a prescribed form for the purposes of new section 363(2) to the extent that it gives information required by new section 364(1)(d) to (f).

(6) With effect from 1st October 1990 form 363 in Schedule 3 to the 1985 Regulations is revoked except for the purposes of old sections 363(2) and 364(1) as continued in force by the Companies Act 1989 (Commencement No. 7 and Transitional and Saving Provisions) Order 1990 , and except for the purposes of section 139(2) of the 1989 Act.

Section 5

(1) With effect from 1st October 1990 the classification scheme set out in Part I of Schedule 3 to these Regulations is prescribed for the purposes of new section 364(2).

(2) With effect from 1st October 1990 the VAT Trade Classification, with the addition of the codes set out in Part II of Schedule 3 to these Regulations, is prescribed for the purposes of new section 364(3).