Update: Small Business, Enterprise and Employment Act 2015

Following the publishing of the Small Business, Enterprise and Employment Act 2015 (Commencement No 2) Regulations 2015 on 18 September 2015 and as part of the ongoing changes to the Companies Act 2006 as made by the Small Business, Enterprise and Employment Act 2015, the following amendments will come into force on 10 October 2015:

The requirement for companies to provide the Registrar of Companies with a consent by a company director or secretary to act in that capacity is removed and replaced with a requirement for the Company to state that the person has consented to act. On a practical level, what this means is that an incoming director will no longer be required to sign Companies House form AP01.
The Registrar is now required to notify new company directors as soon as reasonably practicable after their appointment has been registered, and to provide them with some basic information about directors’ duties.
The Registrar is able to omit the day of the date of birth of company directors from the register available for public inspection. However, this will not be omitted where the information was provided prior to 10 October 2015 or where a company has elected to hold its register of directors on the central register.
The timescales under which the Registrar may strike off companies from the register have been reduced so that the whole process should now take less than four months rather than the current six months.

For further information regarding the above please contact Russel Shear – Head of Corporate & Commercial, Eoin Broderick -Associate or a member of the Edwin Coe Corporate & Commercial team.

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