Statutory Instrument 1990 No. 1504 (N.I. 10)

      The Companies (No. 2) (Northern Ireland) Order 1990

      © Crown Copyright 1990

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Companies (No. 2) (Northern Ireland) Order 1990, ISBN 0110045041. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

 

STATUTORY INSTRUMENTS

1990 No. 1504 (N.I. 10)

NORTHERN IRELAND

The Companies (No. 2) (Northern Ireland) Order 1990

Made 24th July 1990
Laid before Parliament 9th August 1990
Coming into operation on days to be appointed under Article 1(1)


ARRANGEMENT OF ORDER

Article
PART I
INTRODUCTORY
1.  Title and commencement.
2.  Interpretation.
PART II
INVESTIGATIONS AND POWERS TO OBTAIN INFORMATION
Amendments of the Companies Order
3.  Investigations by inspectors not leading to published report.
4.  Production of documents and evidence to inspectors.
5.  Duty of inspectors to report.
6.  Power to bring civil proceedings on the company's behalf.
7.  Expenses of investigating a company's affairs.
8.  Power of Department to present winding-up petition.
9.  Inspectors' reports as evidence.
10.  Investigation of company ownership.
11.  Department's power to require production of documents.
12.  Entry and search of premises.
13.  Provision for security of information obtained.
14.  Punishment for destroying, mutilating, &c. company documents.
15.  Punishment for furnishing false information.
16.  Disclosure of information by Department or inspector.
17.  Protection of banking information.
18.  Investigation of bodies incorporated outside Northern Ireland.
19.  Investigation of unregistered companies.
20.  Offences committed by bodies corporate or unincorporated bodies.
Amendments of the Insider Dealing Order
21.  Investigations into insider dealing.
22.  Restrictions on disclosure of information.
23.  Entry and search of premises.
Amendments of other statutory provisions
24.  Amendment of the Building Societies Act 1986.
25.  Amendments of the Banking Act 1987.
26.  Amendment of the Companies (Northern Ireland) Order 1989.
27.  Amendment of the Insolvency (Northern Ireland) Order 1989.
PART III
REGISTRATION OF COMPANY CHARGES
Introduction
28.  Introduction.
Registration in the companies charges register
29.  Charges requiring registration.
30.  The companies charges register.
31.  Delivery of particulars for registration.
32.  Delivery of further particulars.
33.  Effect of omissions and errors in registered particulars.
34.  Memorandum of charge ceasing to affect company's property.
35.  Further provisions with respect to voidness of charges.
36.  Additional information to be registered.
Copies of instruments and register to be kept by company
37.  Copies of instruments and register to be kept by company.
Supplementary provisions
38.  Power to make further provision by regulations.
39.  Other supplementary provisions.
40.  Interpretation, &c.
41.  Charges on property of company incorporated outside Northern Ireland.
42.  Application of provisions to unregistered companies.
43.  Consequential amendments.
PART IV
OTHER AMENDMENTS OF COMPANY LAW
A company's capacity and related matters
44.  A company's capacity and the power of the directors to bind it.
45.  Invalidity of certain transactions involving directors.
46.  Statement of company's objects.
47.  Charitable companies.
De-regulation of private companies
48.  Written resolutions of private companies.
49.  Written resolutions: supplementary provisions.
50.  Election by private company to dispense with certain requirements.
51.  Elective resolution of private company.
52.  Power to make further provision by regulations.
Appointment and removal of auditors and related matters
53.  Introduction.
54.  Appointment of auditors.
55.  Rights of auditors.
56.  Remuneration of auditors.
57.  Removal, resignation, &c. of auditors.
58.  Statement by person ceasing to hold office as auditor.
Company records and related matters
59.  Delivery of documents to the registrar.
60.  Keeping and inspection of company records.
61.  Supplementary provisions as to company records and related matters.
Miscellaneous
62.  "Subsidiary", "holding company" and "wholly-owned subsidiary".
63.  Form of articles for partnership company.
64.  Membership of holding company.
65.  Company contracts and execution of documents by companies.
66.  Members' rights to damages, &c.
67.  Financial assistance for purposes of employees' share scheme.
68.  Issue of redeemable shares.
69.  Disclosure of interests in shares.
70.  Orders imposing restrictions on shares.
71.  A company's registered office.
72.  Effecting of insurance for officers and auditors of company.
73.  Increase of limits on certain exemptions.
74.  Annual returns.
75.  Application to declare dissolution of company void.
76.  Abolition of doctrine of deemed notice.
77.  Rights of inspection and related matters.
78.  Minor amendments.
PART V
FINANCIAL MARKETS AND INSOLVENCY
Introduction
79.  Introduction.
Recognised investment exchanges and clearing houses
80.  Market contracts.
81.  Modifications of the law of insolvency.
82.  Proceedings of exchange or clearing house take precedence over insolvency procedures.
83.  Duty to give assistance for purposes of default proceedings.
84.  Supplementary provisions as to default proceedings.
85.  Duty to report on completion of default proceedings.
86.  Net sum payable on completion of default proceedings.
87.  Disclaimer of property, rescission of contracts, &c.
88.  Adjustment of prior transactions.
89.  Powers of Secretary of State to give directions.
90.  Application to determine whether default proceedings to be taken.
91.  Delegation of functions to designated agency.
Other exchanges and clearing houses
92.  Certain overseas exchanges and clearing houses.
93.  Certain money market institutions.
94.  Settlement arrangements provided by the Bank of England.
Market charges
95.  Market charges.
96.  Modifications of the law of insolvency.
97.  Administration orders, &c.
98.  Power to make provision about certain other charges.
Market property
99.  Application of margin not affected by certain other interests.
100.  Priority of floating market charge over subsequent charges.
101.  Priority of market charge over unpaid vendor's lien.
102.  Proceedings against market property by unsecured creditors.
103.  Power to apply provisions to other cases.
Supplementary provisions
104.  Insolvency proceedings in other jurisdictions.
105.  Indemnity for certain acts, &c.
106.  Power to make further provision by regulations.
107.  Supplementary provisions as to regulations.
108.  Construction of references to parties to market contracts.
109.  Meaning of "default rules" and related expressions.
110.  Meaning of "relevant office-holder".
111.  Minor definitions.
112.  Index of defined expressions.
PART VI
REPEALS
113.  Repeals.

SCHEDULES:

  Schedule 1—  Charges on property of companies incorporated outside Northern Ireland.

  Schedule 2—  Amendments consequential on Part III.

  Schedule 3—  "Subsidiary" and related expressions: consequential amendments and savings.

  Schedule 4—  Company contracts, seals, &c.: further provisions.

  Schedule 5—  Minor amendments of the Companies Order.

  Schedule 6—  Repeals.

 

Explanatory Note


continue
Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1990
Prepared 20th September 2000