• PART 3 PART 3 FORM AND AUTHENTICATION OF DOCUMENTS RELATING TO A COMPANY

    • Chapter 1 Chapter 1 Application

      • 4. Application and interpretation of Part

        (1) This Part imposes requirements as to the form and authentication of documents delivered under these Rules.
        (2) This Part applies to specified documents delivered to the Registrar which relate to a company and this Part shall be construed accordingly. It does not impose requirements on certified or verified copies or translations.
        (3) For a replacement document, Part 6 imposes requirements that are in addition to the requirements imposed by this Part.

    • Chapter 2 Chapter 2 Documents in prescribed form delivered under the Companies Regulations

      • 6. Application of Chapter

        This Chapter imposes requirements as to the use of a prescribed form for documents delivered to the Registrar under the Companies Regulations.

      • 7. Prescribed forms

        (1) Prescribed forms are to be used for documents delivered to the Registrar where so required under the legislative provisions which are referred to on those forms.
        (2) A list of all prescribed forms can be found [on the website of the Registrar at [insert address]]. [Note to ADGM — depending on timing, will a list of the prescribed forms be on the website in time, or attached as a schedule here? ADGM to update on progress of prescribed forms.]

      • 8. Continuation forms

        When in the circumstances indicated on a prescribed form the information to be inserted in that prescribed form is to be continued, the information to be continued is to be inserted on the appropriate continuation form as indicated on the website of the Registrar at [insert address].

      • 9. Use of black ink for text inserted in a prescribed form

        Text inserted in a prescribed form must be in black typescript or handwritten in black ink.

      • 10. Signature

        A prescribed form must be signed by the person or persons indicated on the form. The signature must be applied to the prescribed form where indicated on the form.

    • Chapter 3 Chapter 3 Non-prescribed form documents delivered under the Companies Regulations

      • 11. Application of Chapter

        This Chapter applies to a non-prescribed form document delivered to the Registrar under the Companies Regulations.

      • 12. White paper and black ink

        (1) Except as provided in paragraph (2), a document to which this Chapter applies must be on white paper and the text of the document must be in black typescript or handwritten in black ink.
        (2) This rule does not apply to the following documents —
         
        Description of document(s) Section of the regulation under which the document is delivered to the Registrar
        Court order or direction
        Court order (but not the copy of the court order delivered under section 592 of the Companies Regulations) (reduction of share capital) [•]
        Direction from the court dispensing with the need for a statement by the creditor [•]
        Charge documents
        Instrument by which charge is created or evidenced [•]
        Deed containing the charge or one of the debentures of the series [•]
        Copy of the deed containing the charge or of one of the debentures of the series [•]
        Documents relating to disclosure of addresses
        Evidence relating to an application under section 229(4) of the Companies Regulations Regulation [•] of the Address Regulations
        Notification that a person wishes a decision under section 229 to cease to apply Regulation [•] of the Address Regulations
        Representations as to why a revocation decision should not be made Regulation [•] of the Address Regulations
        Evidence relating to an application under section 964 of the Companies Regulations Regulation [•] of the Address Regulations
        (3) A non-prescribed form document submitted to the Registrar must contain the name and registered number of the company to which the document relates, unless it is in the table of documents listed above at paragraph (2).
        (4) The documents in the table at paragraph (2) should be submitted in their original form, with appropriate certified or verified copies as required by the Companies Regulations.

      • 13. Signature

        (1) Subject to paragraph (2), a non-prescribed form document submitted to the Registrar must be signed in a prominent position by a director, secretary or other person authorised by the company (in which case evidence of such authorisation should be presented to the Registrar with the document submitted), save where the Companies Regulations specify a particular signatory.
        (2) A document which is specified in the following table must be signed by a person or persons specified for that document in the table. The signature must be applied to the document in a prominent position unless otherwise specified in the last column of the table.
         
        Description of document Section of the Companies Regulations under which the document is delivered to the Registrar Person or persons who must sign Location of signature
        Accounts and related documents
        Copy of balance sheet Section 80(2)(c) Director At end of balance sheet
        Copy of balance sheet, abbreviated accounts or annual accounts Section 417(1) Director At end of balance sheet
        Copy of annual accounts Section 444(2) Director At end of balance sheet
        Interim accounts Section 767(6) Director At end of balance sheet
        Initial accounts Section 768(7) Director At end of balance sheet
        Documents relating to disclosure of addresses
        Notification that a person wishes a decision under section 229 to cease to apply Regulation [•] of the Address Regulations The section 229 beneficiary (as defined in the Address Regulations) or their personal representative In a prominent position on the document
        Representations from a person who is not a company as to why a revocation decision should not be made Regulation [•] of the Address Regulations The section 229 beneficiary (as defined for the purposes of Regulation [•] of the Address Regulations) or the section 964 beneficiary (as defined in the Address Regulations) In a prominent position on the document
        Statements by directors
        Statement by the directors about the solvency statement Section 587(5) All directors or a majority of the directors In a prominent position on the document
        Rectification of register
        Objection made by a company Regulation [•] of the Registrar Regulations Director, secretary, person authorised, administrator, administrative receiver, receiver manager, receiver, liquidator In a prominent position on the document
        Objection made by a person who is not a company Regulation [•] of the Registrar Regulations The person making the objection In a prominent position on the document
        (3) Notwithstanding the foregoing the following documents are required by the Companies Regulations to be authenticated by particular persons as specified by the Companies Regulations and the Registrar requires that authentication to be by way of signature —
        (a) Articles of association (delivered to the Registrar under section 6(4)(b) of the Companies Regulations); and
        (b) Form of resolution (delivered to the Registrar under section 80(2)(a) or section 86(2)(a) of the Companies Regulations).

      • 13. Print of name of signatory on some documents relating to addresses

        (1) This rule applies to the following documents delivered to the Registrar under the Address Regulations -
        (a) Notification that a person wishes a decision under section 229 of the Companies Regulations to cease to apply (delivered under rule 17 of those rules), and
        (b) Representations from a person who is not a company as to why a revocation decision should not be made (delivered under rule 17 of those rules).
        (2) The name of the person who signs a document to which this rule applies must be printed on the document. That printed name must be in black typescript or handwritten in black ink.