The Unregistered Companies Regulations 2009
UK Statutory Instrument 2009 No. 2436 — creates 6 criminal offences.
- Made
- 4 September 2009
- In force from
- 1 October 2009
- Extent
- Not stated
- Subject
- Corporate, financial services, company law, employment, charity, electoral and tax
- Made under
- Companies Act 2006
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations, which are made under section 1043 of the Companies Act 2006 (c.46) (“the Act”), apply to unregistered companies specified provisions of that Act and also provisions of the Companies Act 1985 (c.6) (“the 1985 Act”) that are repealed by the Act. The unrepealed provisions of the 1985 Act are extended to Northern Ireland by virtue of section 1284 of the Act. Regulation 3 applies the provisions of the 1985 Act and the Act which are specified in Schedule 1 (with the modifications there set out) to unregistered companies. Regulations 4 and 5 contain adaptations of general effect. Regulation 6 provides for a person appointed as auditor of an unregistered company to be a statutory auditor for the purposes of Part 42 of the Act. Regulation 7 revokes specified regulations (including those applying to Northern Ireland) which apply provisions of the 1985 Act and the Act to unregistered companies. Provisions in those Regulations are reproduced in these Regulations. Transitional and saving provisions are set out in Schedule 2 to the Regulations. No Impact Assessment has been prepared for these Regulations as they have no impact on the cost of business, charities or voluntary bodies.
Offences created by this instrument
- Registrar to be sent copy of company’s constitution paragraph 26(3) of SCHEDULE 1 · Status not determined · Strict liability
- Notice to registrar where company’s constitution altered by enactment paragraph 34(6) of SCHEDULE 1 · Status not determined · Strict liability
- Trading disclosures paragraph 4 of SCHEDULE 1 · Status not determined · Strict liability
- Criminal consequences of failure to make required disclosure paragraph 84(1) of SCHEDULE 1 · Status not determined · Strict liability
- A company’s principal office paragraph 86(3) of SCHEDULE 1 · Status not determined · Strict liability
- Change of principal office paragraph 87(2) of SCHEDULE 1 · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2009