Versions

 

5. Applications to rectify: further requirements, objections and notices to be issued by the Registrar

(1) An application to the Registrar under rule 4 must, in addition to satisfying the requirements of section 970(3) of the Companies Regulations —
(a) state the applicant's name and address;
(b) where the application is an application referred to in rule 4(2), confirm that the applicant is the company to which the relevant material in the application relates;
(c) in any other case, state whether the applicant is a person mentioned in rule 4(3)(a), a person mentioned in rule 4(3)(b) or a person mentioned in rule 4(3)(c); and
(d) state whether the relevant material which is the subject of the application —
(i) derives from anything invalid or ineffective;
(ii) derives from anything that was done without the authority of the company to which the material relates;
(iii) is factually inaccurate or is derived from something that is factually inaccurate; or
(iv) is derived from something that is forged.
(2) Where the application is an application referred to in rule 4(2), the Registrar must give notice of the application to —
(a) the person who delivered the standard form mentioned in that rule to the Registrar (but only if the Registrar knows the identity and name and address of that person);
(b) every person who (to the Registrar's knowledge) was a director or secretary of the company at the time when the application was delivered to the Registrar; and
(c) the company at the address of its registered office.
(3) Where the material which is the subject of the application is not an application referred to in rule 4(2), the Registrar must give notice of the application to —
(a) every person mentioned in rule 4(3) whose identity and name and address the Registrar knows (other than the applicant); and
(b) every person who (to the Registrar's knowledge) was a director or secretary of the company at the time when the application was delivered to the Registrar.
(4) The notice given by the Registrar under paragraph (2) or (3) shall —
(a) state the name and registered number of the company to which the material relates;
(b) specify what is to be removed from the register and indicate where on the register it is;
(c) state the information provided to the Registrar under paragraph (1)(d);
(d) state the date on which the notice is issued;
(e) give particulars of the recipient's right to object to the application and the requirements applying to that right under paragraphs (6) and (7);
(f) explain the effect of paragraph (9); and
(g) explain the effect of rule 4(1) and of section 972(4) of the Companies Regulations.
(5) An objection to an application under rule 4 may be made to the Registrar by any person.
(6) An objection must be made by giving notice in writing to the Registrar, and the notice must state the name and address of the person making the objection and identify the application to which the objection relates.
(7) A person to whom notice of an application was given under paragraph (2) or (3) and who wishes to object to the application must do so before the end of the period of 28 days beginning with the date on which that notice was issued (as stated in the notice).
(8) The Registrar must not take account of an objection made by any other person after the end of the period of 28 days beginning with the date on which the notices under paragraph (2) or (3) were issued.
(9) If a valid objection is made to the application, the Registrar must reject the application.
(10) When a valid objection is made, the Registrar must also —
(a) send an acknowledgment of receipt to the person who made the objection;
(b) notify the applicant of the fact that an objection has been made; and
(c) notify every other person to whom the Registrar gave notice under paragraph (2) or (3) (but not the person who made the objection or any other person who has made an objection).
(11) If no valid objection is made, the Registrar shall —
(a) rectify the register as per the application; and
(b) notify the applicant of that fact.