1 Citation and commencement

These Regulations may be cited as the Registrar of Companies (Fees) (European Economic Interest Grouping and European Public Limited-Liability Company) Regulations 2009 and come into force on 1st October 2009.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2009: see above.

European Economic Interest Groupings95 Joint Ventures99 Company Law & Business Entities99

2 Interpretation

2Interpretation

In these Regulations—

“the 2006 Act” means the Companies Act 2006;

“Companies House Direct” and “CHD” mean the service by which information is accessed by the applicant in Hyper Text Markup Language using a website of the registrar by delivering a non-encrypted access code;

“EEIG” means a European Economic Interest Grouping formed under Council Regulation (EEC) No 2137/85 of 25th July 1985 on the European Economic Interest Grouping;

“Extranet” means the service by which information is accessed by means of the access codes of the applicant in Hyper Text Markup Language using a website of the registrar;

“limited liability partnership” means a body corporate incorporated under the Limited Liability Partnerships Act 2000;

“limited partnership” means a partnership registered under the Limited Partnerships Act 1907;

“SE” means a European Public Limited-Liability Company within the meaning of Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European Company;

“XML Gateway” and “XML” mean the service by which information is accessed by the applicant in Extensible Markup Language by means of a partially encrypted access code.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2009: see reg 1.

Partnership & Limited Partnership90 E-Liability95 Joint Ventures99 European Economic Interest Groupings94 Company Law & Business Entities99 Information Technology & Telecommunications95 Limited Partnerships90

3 Fees payable in respect of functions relating to the registration of documents by the registrar

3Fees payable in respect of functions relating to the registration of documents by the registrar

Schedule 1 makes provision for the fees that are payable to the registrar in respect of the registration of documents relating to EEIGs and SEs by the registrar.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2009: see reg 1.

Joint Ventures99 Company Law & Business Entities99

4 Fees payable in respect of the inspection or provision of copies of documents kept by the registrar relating to EEIGs

4Fees payable in respect of the inspection or provision of copies of documents kept by the registrar relating to EEIGs

(1)    Schedule 2 makes provision for the fees that are payable to the registrar in respect of the inspection, or provision of copies, of documents kept by the registrar relating to EEIGs.

(2)    The fees prescribed in relation to paragraphs 3(a), 4(a) and 6(a) of Schedule 2 are not payable in respect of any month for which the applicant pays a fee to the registrar for subscription to Companies House Direct, Extranet or XML under regulations providing for the payment of fees in respect of the functions of the registrar in relation to the inspection, or provision of copies, of documents kept by the registrar relating to companies, overseas companies, limited liability partnerships and limited partnerships

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2009: see reg 1.

Partnership & Limited Partnership97 Joint Ventures99 Company Law & Business Entities99

5 Transitional provisions

5Transitional provisions

Where any document is delivered to the registrar on or before 30th September 2009 to which the European Public Limited-Liability Company (Fees) Regulations (Northern Ireland) 2004 (“the Repealed Regulations”) would have applied, if registered on or before that date, and that document is registered on or after 1st October 2009, the fee prescribed in Schedule 1 shall not apply and any fee payable in respect of that document by virtue of the Repealed Regulations shall apply.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2009: see reg 1.

Joint Ventures99 Company Law & Business Entities99

Signature

Davies of Abersoch

Minister for Trade, Investment and Business,

Department for Business, Innovation and Skills

8th September 2009

Joint Ventures99 Company Law & Business Entities99

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations provide for the fees to be payable to the registrar of companies in respect of his functions relating to the registration of documents relating to European Economic Interest Groupings (“EEIGs”) and European Public Limited-Liability Companies (“SEs”), and the inspection or provision of copies of documents kept by him relating to EEIGs.

The Regulations come into force on 1st October 2009 and extend to the United Kingdom. They replace the European Economic Interest Grouping (Fees) Regulations 2004 (SI 2004/2643), the European Public Limited-Liability Company (Fees) Regulations 2004 (SI 2004/2407), the European Economic Interest Grouping (Fees) Regulations (Northern Ireland) 1989 (SR (NI) 1989 No 218) and the European Public Limited-Liability Company (Fees) Regulations (Northern Ireland) 2004 (SR (NI) 2004 No 418).

Two fees are prescribed in these Regulations that will apply in Northern Ireland in respect of EEIGs for the first time. For the registration under regulation 12 of the European Economic Interest Grouping Regulations 1989 (SI 1989/638) (“the EEIG Regulations”) of an EEIG that is situating an establishment in the United Kingdom but whose official address is outside the United Kingdom, the amount of the fee is £20. For the registration of a charge under paragraph 26 of Schedule 4 to the EEIG Regulations, the amount of the fee is £13.

The amounts of the fees in these Regulations either remain the same as the corresponding fees in the replaced Regulations, or are, in some cases, reduced. Certain fees contained in the replaced Regulations which are not re-enacted in these Regulations are determined by the registrar under section 1063(5) of the Companies Act 2006 under an instrument made on 1st October 2009. A copy of this instrument is available from the registrar.

Regulation 3 and Schedule 1 provide the fees to be payable in respect of the registration of documents relating to EEIGs and SEs.

Regulation 4 and Schedule 2 provide the fees to be payable in respect of the inspection or provision of copies of documents kept by the registrar relating to EEIGs.

Regulation 5 is a transitional provision for fees set under the European Public Limited-Liability Company (Fees) Regulations (Northern Ireland) 2004 which are revoked by section 1285(2)(b) Companies Act 2006.

A regulatory impact assessment has not been produced for this instrument.

European Economic Interest Groupings95 Joint Ventures99 Company Law & Business Entities99