Clause 33
Company Law Reform Bill [Lords]
5:00 pm
Jonathan Djanogly (Shadow Solicitor General (Also Shadow Minister for Trade and Industry), Law Officers (Assist the Home Affairs Team); Huntingdon, Conservative)
The clause relates to section 19 of the 1985 Act. I shall follow on from my remarks about the red tape requirements of printing resolutions and physically binding them into the memorandum and articles of association. The Minister moved on that issue, and perhaps there will also be movement on this clause.
If somebody, even a member of a company, wants to get a copy of its articles, resolutions or certificate of incorporation, they do so by getting a copy of the fiche from Companies House. The only benefit that I can imagine if members could use the clause to receive documents would come if they wanted to get them sooner than the 15 days that it takes for a document to be put on public file. The only provision in the clause that is worthy of retention is the ability to ask for a current statement of capital, which could be usefulfor a member to check against his or her own shareholding.
Amendment No. 20 reflects the fact that no timetable is given for a company to comply with such a request. I suggest that seven days is appropriate. Of course, if the period is to be more than 15 days, the registrar of companies should have the documents earlier than a member can get them from the company, which would negate the value of the clause. I believe that Government amendment No. 90 clarifies the wording rather than makes any change, but I would appreciate the Minister’s comments on it.