Companies Act 2014

898

Registrar’s notice that document does not comply

898. (1) On receipt of a non-complying document the Registrar may, in his or her discretion—

(a) serve on the person delivering the document (or, if there is more than one such person, any of them) a notice that the document does not comply, or

(b) neither serve such a notice nor otherwise advise or give notice to any such person that the document does not comply,

and the provision made by the following provisions of this section, in a case where the course under paragraph (a) is taken by the Registrar, is not to be read as implying that, in a case where the course under paragraph (b) is taken by the Registrar, any legal consequences arising from the fact that a non-complying document has been delivered are thereby avoided.

(2) A notice under subsection (1)(a) shall state in what respects the document is a non-complying document.

(3) A document referred to in subsection (1) shall be deemed not to have been delivered to the Registrar if—

(a) it is the subject of a notice served under subsection (1)(a), and

(b) the Registrar has not received within 14 days after the date of service of the notice a replacement document that—

(i) complies with the requirements referred to in subsection (4)(b), or

(ii) is not rejected by the Registrar for non-compliance with those requirements.

(4) In this section, a non-complying document is a document that—

(a) is required or authorised to be delivered to the Registrar under this Act, and

(b) fails to comply with—

(i) the relevant requirements of this Act (and, in particular, the provisions of any section under which the requirement to deliver the document to the Registrar arises) or regulations made under this Act, or

(ii) any requirements imposed by or under any other enactment relating to the completion of a document and its delivery to the Registrar.