Economic Crime and Corporate Transparency Act 2023
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Change 1
71 Requirements for administrative restoration
In section 1025 of the Companies Act 2006 (requirements for administrative restoration), for subsection (5) substitute— (5) The third condition is that the applicant has delivered to the registrar such documents relating to the company as are necessary to ensure that if the company is restored to the register the records kept by the registrar relating to the company will be up to date. (5A) The fourth condition is— (a) that any outstanding penalties under section 453 or corresponding earlier provisions (civil penalty for failure to deliver accounts) in relation to the company have been paid, and (b) that each relevant person has paid any outstanding fines or financial penalties imposed on them in respect of an offence under the Companies Acts relating to the company. (5B) In subsection (5A)(b) “relevant person” means— (a) the applicant, (b) any person who— (i) was a director of the company immediately before it was dissolved or struck off, and (ii) if the company is restored to the register, will be a director immediately after its restoration, or (c) any person who is a relevant officer of a firm where the firm is— (i) a person mentioned in paragraph (a) or (b), or (ii) a person falling within this paragraph. (5C) In subsection (5B)(c) “relevant officer”— (a) in relation to a company, means a director; (b) in relation to a firm the affairs of which are managed by its members, means one of those members; (c) in relation to any other firm, means an officer of the firm whose functions correspond to that of a director of a company.
71 Requirements for administrative restoration
In section 1025 of the Companies Act 2006 (requirements for administrative restoration), for subsection (5) substitute— (5) The third condition is that the applicant has delivered to the registrar such documents relating to the company as are necessary to ensure that if the company is restored to the register the records kept by the registrar relating to the company will be up to date. (5A) The fourth condition is— (a) that any outstanding penalties under section 453 or corresponding earlier provisions (civil penalty for failure to deliver accounts) in relation to the company have been paid, and (b) that each relevant person has paid any outstanding fines or financial penalties imposed on them in respect of an offence under the Companies Acts relating to the company. (5B) In subsection (5A)(b) “relevant person” means— (a) the applicant, (b) any person who— (i) was a director of the company immediately before it was dissolved or struck off, and (ii) if the company is restored to the register, will be a director immediately after its restoration, or (c) any person who is a relevant officer of a firm where the firm is— (i) a person mentioned in paragraph (a) or (b), or (ii) a person falling within this paragraph. (5C) In subsection (5B)(c) “relevant officer”— (a) in relation to a company, means a director; (b) in relation to a firm the affairs of which are managed by its members, means one of those members; (c) in relation to any other firm, means an officer of the firm whose functions correspond to that of a director of a company.
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