Statutory Instrument 1989 No. 638

The European Economic Interest Grouping Regulations 1989

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© Crown Copyright 1989

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1989 No. 638

EUROPEAN COMMUNITIES

The European Economic Interest Grouping Regulations 1989

The Secretary of State, being a Minister designated^[1] for the purposes of section 2(2) of the European Communities Act 1972^[2] in relation to measures relating to European Economic Interest Groupings and their members, in exercise of the powers conferred on him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and extent
    1.    These Regulations, which extend to Great Britain, may be cited as the European Economic Interest Grouping Regulations 1989 and shall come into force on 1st July 1989.

Interpretation
    2.    —(1)  In these Regulations—
"the 1985 Act" means the Companies Act 1985^[3];
"the contract" means the contract for the formation of an EEIG;
"the EC Regulation" means Council Regulation (EEC) No. 2137/85^[4] set out in Schedule 1 to these Regulations;
"EEIG" means a European Economic Interest Grouping being a grouping formed in pursuance of article 1 of the EC Regulation;
"officer", in relation to an EEIG, includes a manager, or any other person provided for in the contract as an organ of the EEIG; and
"the registrar" has the meaning given by regulations 9(1) and 12(1) below;

and other expressions used in these Regulations and defined by section 744 of the 1985 Act or in relation to insolvency and winding up by the Insolvency Act 1986^[5] have the meanings assigned to them by those provisions as if any reference to a company in any such definition were a reference to an EEIG.
    (2)  A Form referred to in these Regulations by "EEIG" followed by a number means the Form so numbered in Schedule 2 to these Regulations.

    (3)  In these Regulations, "certified translation" means a translation certified to be a correct translation—
 (a) if the translation was made in the United Kingdom, by
 (i) a notary public in any part of the United Kingdom;
 (ii) a solicitor (if the translation was made in Scotland), a solicitor of the Supreme Court of Judicature of England and Wales (if it was made in England or Wales), or a solicitor of the Supreme Court of Judicature of Northern Ireland (if it was made in Northern Ireland); or
 (iii) a person certified by a person mentioned above to be known to him to be competent to translate the document into English; or
 (b) if the translation was made outside the United Kingdom, by—
 (i) a notary public;
 (ii) a person authorised in the place where the translation was made to administer an oath;
 (iii) any of the British officials mentioned in section 6 of the Commissioners for Oaths Act 1889^[6];
 (iv) a person certified by a person mentioned in sub-paragraph (i), (ii) or (iii) of this paragraph to be known to him to be competent to translate the document into English.

[1] S.I. 1988/785. back

[2] 1972 c. 68. back

[3] 1985 c. 6. back

[4] OJ No. L199, 31.7.1985, p.1. back

[5] 1986 c. 45. back

[6] 1889 c. 10; section 6 was amended by the Oaths and Evidence (Overseas Authorities and Countries) Act 1963 (c. 27), section 3. back

Explanatory Note