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Questions and Answers


Q & A - Delay in final implementation of Companies Act 2006

Q. Why has this decision been taken now?
A. Given that there is a risk that Companies House systems may not be 100% effective by October 2008 it is only right to be honest with business now, to ensure that appropriate measures can be taken.
Q. Will implementation of provisions in April 2008 go ahead as planned?
A. Yes
Q. Which parts of the 2006 Act will be delayed until 2009?
A. Please see Commencement Timetable on the BERR website at http://www.berr.gov.uk/bbf/co-act-2006/index.html
Q. Are there any parts of the Act which will still be implemented in October 2008?
A. We are consulting key stakeholders on whether sections that are not directly linked to changes to Companies House systems and processes should still be implemented in October 2008. Key areas of importance to business include:
  1. Directors' conflict of interest duties
  2. Repeal of restrictions in the Companies Act 1985 on financial assistance for acquisition of shares in private companies.
Q. When will a final decision be made on whether any sections will be implemented in October 2008?
A. We will make a Written Statement to Parliament in December setting out the final commencement timetable in the light of our discussions with key stakeholders.
Q. Will companies' experience any difficulty in their day to day dealings with Companies House throughout 2008 and 2009?
A. No. There will be no impact on Companies House's customers who will be able to file documents and search the records as usual.
Q. When will new companies be able to register with Companies House under the Companies Act 2006?
A. New companies will continue to be registered under the 1985 Act until 1 October 2009. They will of course be able to benefit from many of those deregulatory benefits already implemented under the 2006 Act.
Q. What are the implications for business of the change in timetable?
A. Many of the key deregulatory benefits under the Act will still have been introduced by April 2008. These include:
  1. The greater use of electronic communications provisions
  2. Most of the statutory statement of directors' duties
  3. Easier/cheaper decision making processes for private companies
  4. Private companies will no longer be required to have a company secretary

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