Companies (Amendment No. 7) (Jersey) Regulations 2013


Companies (Amendment No. 7) (Jersey) Regulations 2013

Made                                                                        20th March 2013

Coming into force                                                     27th March 2013

THE STATES, in pursuance of Articles 85A and 220 of the Companies (Jersey) Law 1991[1], have made the following Regulations –

1        Interpretation

In these Regulations, the “Law” means the Companies (Jersey) Law 1991[2].

2        Article 7 amended

In Article 7 of the Law –

(a)     in paragraph (3), after the word “director” in the first place in which it occurs, there shall be inserted the words “who is a natural person”;

(b)     after paragraph (3) there shall be inserted the following paragraphs –

“(3A) Where the company is a public company, the statement shall specify the following particulars with respect to each of its directors which is a corporate director –

(a)     the name under which the corporate director is registered;

(b)     the address of the corporate director’s registered office;

(c)     where the corporate director is not a company registered in Jersey, the country or territory in which the corporate director is registered; and

(d)     the registered number (if any) of the corporate director.

(3B)   In paragraph (3A) –

(a)     ‘corporate director’ means a body corporate fulfilling the requirements of Article 73(4); and

(b)     with respect to a corporate director which is not a company registered in Jersey, ‘registered’ shall be construed as reference to registration, or an equivalent procedure, under the laws governing incorporation in the jurisdiction in which the corporate director is incorporated.”.

3        Article 73 amended

In Article 73 of the Law, in sub-paragraph (a) of paragraph (4) after the word “company” there shall be inserted the words “, wherever incorporated,”.

4        Article 84 amended

(1)     For the heading to Article 84 of the Law there shall be substituted the following heading –

“Particulars of directors: natural persons”.

(2)     For the words beginning “Subject to” and preceding sub-paragraph (a) in Article 84 of the Law, there shall be substituted the following words –

“The register kept by a company under Article 83 shall contain the following particulars with respect to each director who is a natural person –”.

5        Article 84A inserted

After Article 84 of the Law, there shall be inserted the following Article –

“84A Particulars of directors: corporate directors

(1)     The register kept by a company under Article 83 shall contain the following particulars with respect to each corporate director –

(a)     in the case of a corporate director which is a company registered in Jersey, the company’s name and registered number and the address of its registered office;

(b)     in the case of any other corporate director, its corporate name, the place where it is incorporated, its registered number (if any) and the address of its registered office in that place; and

(c)     in either case, the date on which the corporate director became (and, where appropriate, the date on which it ceased to be) a director.

(2)     In paragraph (1) –

(a)     ‘corporate director’ means a body corporate fulfilling the requirements of Article 73(4); and

(b)     with respect to a corporate director which is not a company registered in Jersey, ‘registered’ shall be construed as reference to registration, or an equivalent procedure, under the laws governing incorporation in the jurisdiction in which the corporate director is incorporated.”.

6        Consequential amendments

(1)     In Article 71(1)(e) of the Law, for the words “Article 84” there shall be substituted the words “Articles 84 and 84A”.

(2)     In Article 83(1) of the Law, for the words “Articles 84 and 85” there shall be substituted the words “Articles 84, 84A and 85”.

(3)     In Article 127K of the Law, in sub-paragraph (1)(e), for the words “, the particulars specified in Article 84(1)(a) to (f);” there shall be substituted the following words –

“ –

(i)      in the case of a director who is a natural person, the particulars specified in Article 84(a) to (f),

(ii)      in the case of a director which is a corporate director, the particulars specified in Article 84A(1)(a) and (b);”.

7        Citation and commencement

These Regulations may be cited as the Companies (Amendment No. 7) (Jersey) Regulations 2013 and shall come into force 7 days after they are made.

m.n. de la haye

Greffier of the States

 


 



[1]                                    chapter 13.125

[2]                                    chapter 13.125


Page Last Updated: 04 Jun 2015