Objection to company’s registered name

Amendment proposed: No. 136, in clause 70, page 30, line 6, at end insert—

‘(6A) Without prejudice to the foregoing provisions of this section, in the event that all of the circumstances contemplated in subsection (8) are satisfied, an applicant may apply to a company names adjudicator for an interim order under this subsection.

(6B) The circumstances referred to in subsection (7) are that—

(a) the applicant is a company whose shares are listed on a regulated market;

(b) the applicant has published a circular to shareholders incorporating a resolution proposing to change its name to a particular name (a “relevant name”); and

(c) a company (the “respondent”) has been incorporated with the relevant name or changed its name to the relevant name in either case on or after the date of publication of the circular referred to in subsection (8)(b).

(6C) If an application for an interim order is made and the adjudicator is satisfied that the provisions of subsection (8) are satisfied, the adjudicator shall make an order requiring the respondent to change its name to a name specified by the adjudicator.

(6D) The adjudicator must give notice of his interim order—

(a) to the applicant;

(b) to the respondent; and

(c) to the registrar.

(6E) Upon the presentation by the applicant to the registrar of an official copy of the interim order together with all other documents contemplated by section 78 (Change of name by special resolution), and the registrar is satisfied that—

(a) the relevant name complies with the requirements of this Part, and

(b) the requirements of the Companies Acts and any relevant requirement of the applicant's articles, with respect to a change of name are complied with,

the registrar must enter the relevant name as the new name of the applicant and enter the name set out in the interim order as the new name of the respondent on the register in place of the former names of the applicant and respondent respectively.

(6F) On the registration of the new names, the registrar must issue a certificate of incorporation to each of the applicant and the respondent altered to meet the circumstances of the case.

(6G) The making of an interim order shall be without prejudice to any other legal rights of the applicant or respondent or any application by the respondent under subsection (1).'.—[James Brokenshire.]

Question put, That the amendment be made:—

The Committee divided: Ayes 7, Noes 9.

Division number 6 - 7 yes, 9 no

Voting yes: James Brokenshire, Jonathan Djanogly, Justine Greening, David Howarth, Mark Hunter, David Jones, Shailesh Vara

Voting no: Vera Baird, Louise Ellman, Paul Farrelly, Margaret Hodge, Eric Joyce, Stephen McCabe, Mike O'Brien, Marsha Singh, Kitty Ussher

Question accordingly negatived.

Clause 70 ordered to stand part of the Bill.