Butterworths Company Law Service

Company Law Service Issue 70 – June 1999 Division A A new section on re-registration of a limited company as unlimited and vice-versa is inserted at A[370] which covers requirements, procedure, documents to be filed and the effects of re-registration. Re-registration of a public company as a private company is also covered at A[441]. Companies House forms: Form 49(1) A[1551]; Form 49(8)(a) A[1552]; Form 49(8)(b) A[1553]; Form 51 A[1554]; Form 53 A[1555]; and Form 54 A[1556] have been added to the Precedent section. Division B New information regarding proposed company registration fees to come into force during 1999 (B[10.53.1]) and the currency of share capital (B[188.4]). Division D Covers the Electronic Filing Service at Companies House which at present allows for some forms to be submitted electronically (D[241.2]). The Companies Registry information has been revised at D[308] and details of fees payable for searches have been updated (D[310.5], D[311]). There is also provided information on searching the Companies House website (D[310.8]). Division E Contains discussion of recent cases, including Re Duckwari [1998] 2 BCLC 315; Wright v Atlas Wright (Europe) Ltd (28 January 1999, unreported); Williams v Natural Life Health Foods Ltd [1998] 1 BCLC 689, HL; Stein v Blake [1998] 1 All ER 724, CA; Re Astec (BSR) plc [1998] 2 BCLC 556; Wilton-Davies v Kirk [1998] 1 BCLC 274; Re Worldhams Park Golf Course Ltd [1998] 1 BCLC 554; Yukong Line Ltd v Rendsburg Investments Corp [1998] 2 BCLC 485. Division H Sections 1, 3, 4 and 5 have been substantially rewritten to take account of recent developments and cases such as: Voyager Maritime Inc v Bielecki [1999] 1 BCLC 133; Re a Debtor (no 574 of 1995) [1998] 2 BCLC 124; Johnson v Davies [1999] BCC 275; Polly Peck International plc v Henry (1998) Times, 16 December; Re Structures & Computers Ltd [1998] 1 BCLC 292; Re MTI Trading Systems Ltd [1998] BCC 400, CA; Razzaq v Pala [1998] BCC 66; Re Polly Peck International plc (No 4) [1998] 2 BCLC 185; Tom Wise Ltd v Fillimore [1999] BCC 129; Re Thirty-Eight Building Ltd [1999] BCC 260; Re Branston & Gothard Ltd (22 January 1998, unreported), Ch D; Re Brian D Pierson (Contractors) Ltd [1999] BCC 26; Ropaigealach v Barclays Bank plc (18 December 1998, unreported), CA; Burgess v Auger [1998] 2 BCLC 47; Re Barings plc [1998] 1 BCLC 16; and Re Philip Alexander Securities & Futures Ltd [1999] 1 BCLC 124.   Company Law Update May 1999 News Proposals to raise thresholds for SMEs Company donations to political parties Dormant companies Individual Insolvency Register MMC Report: changes to underwriting practices Civil Procedure Rules 1998 Recent Cases Credit Lyonnais Nederland NV v Export Credits Guarantee Department Re an inquiry into Mirror Group Newspapers plc Re Galeforce Pleating Ltd Re TLL Realisations (No 2) Butterworths Company Law Cases CASES REPORTED: Volume 1, Part 3, 1999 [Volume 1, Part 3 [1999] 1 BCLC 286-432] » Broome (a debtor), Re Ch D [1999] 1 BCLC 356 » Knight V Frost Ch D [1999] 1 BCLC 364 » Landhurst Leasing plc, Re Ch D [1999] 1 BCLC 286 » Polly Peck International plc (in admin) v Henry Ch D [1999] 1 BCLC 407 » Satnam Investment Ltd v Dunlop Heywood & Co Ltd CA [1999] 1 BCLC 385 » Secretary of State for Trade and Industry v North West Holdings plc CA [1999] 1 BCLC 425 » Thirty-Eight Building Ltd, Re Ch D [1999] 1 BCLC 416