Latest updates

The Department for Business, Enterprise and Regulatory Reform (BERR) has published a draft version of the Eighth Commencement Order. The Order sets out the detail of the final provisions of the Act, which are due to come into force on 1 October next year. It also details how final commencement will be handled and its effect on business around 1 October 2009 – especially in terms of Companies House systems.

In particular, the Order confirms that company formation documents filed with Companies House will be dealt with under the new regime if they are received by the agency on or after 1 October 2009. However, to minimise disruption to business, Companies House will make the majority of its system changes over the weekend of 3-4 October, so any 2006 Act materials will be held for processing until after 4 October and electronic filing will not be available on these dates. Other 1985 Act materials – electronic and hard copy –will be processed as normal on 1 and 2 October – but company formation documents filed under the old Act will not be accepted after 30 September.

Companies House will provide access to all new 2006 Act forms well in advance of the transition period.
BERR is currently asking for views on the Order and the practical issues it presents. Comments should be returned by 5 September. For further details see the BERR website at www.berr.gov.uk

To read the proforma circular that a group of city law firms have put together regarding a common approach to changes to listed plc articles please click here

The Minister of State for Competitiveness, Stephen Timms, made a Written Statement to Parliament providing details of the final commencement timetable for the 2006 Act. Details of this, including a revised table of commencement dates and information about the fifth commencement order which was published on 17 December can be found at: http://www.dti.gov.uk/bbf/co-act-2006/index.html. To read ICSA's press release on this please click here

There are still a number of regulations and commencement orders that have either been made (following Parliamentary approval, where this is required) or laid before Parliament in draft. For further details of these and up to date information on the implementation of the Act please click here

ICSA Software released an update pack in August 2007 which covers the provisions that came into effect from 1 October onwards. For further details click here

Table A, covering actions necessary for those companies incorporated between October 2007 and October 2008 has been published. Click here for further details

The deadline on the draft regulations consultation has now passed. The ICSA response can be found here