The Small Business, Enterprise and Employment Act 2015 (the “Act”) received Royal Assent on 26 March 2015. Implementation of the Act takes place over a period of 15 months.
The Act makes a number of amendments to the Companies Act 2006 (“CA 2006”), some of which come in to effect on 10 October 2015 by virtue of The Small Business, Enterprise and Employment Act 2015 (Commencement No2) Regulations 2015, these are as follows:-
- Consent to act as a director or secretary (sections 100 and 101 of the Act);
- Directors date of birth (section 96 of the Act); and
- Strike off procedure (section 103 of the Act).
Consent to act as a director or secretary
The requirement for directors and secretaries to sign their appointment form will be removed and a statement from the company that the director or secretary has consented to act will be included. (Amendment to sections 12, 95, 167 and 276 of the CA 2006)
A new section 1079B of the CA 2006 will be added which obliges Companies House to notify the director or secretary directly of their appointment as soon as reasonably practicable after registration of their appointment, giving them information about directors’ duties and the opportunity to object to the appointment if they did not consent to it.
Directors date of birth
The public register will only show the month and year of a director’s date of birth, the day will be omitted. (Amendment to section 1087 CA 2006 and insertion of new sections 1087A and 1087B in the CA 2006)
The Companies (Disclosure of Date of Birth Information) Regulations 2015 also come into force on 10 October 2015. These regulations contain a list of public authorities that may receive full date of birth information (including HMRC, the Director of Public Prosecutions, the Serious Fraud Office and the Financial Conduct Authority) and the conditions for disclosure of such information including that the relevant authority has confirmed to the Registrar that it intends to use the information to facilitate the performance of its public function.
Strike off procedure
The time to complete the procedure will be reduced. It will be possible for a strike off to be completed within approximately 3 ½ months (currently 6 months). (Amendment to section 1000 of the CA 2006)
- The Companies and Limited Liability Partnerships (Filing Regulations) 2015 implement consequential changes to the changes made to CA 2006 which also come in to effect on 10 October 2015;
- Sections 104-106, 108-110 and 113 of The Small Business, Enterprise and Employment Act 2015 (Commencement No2) Regulations 2015 made amendments to the Company Directors Disqualification Act 1986 which came in to effect on 1 October 2015.