PART VIPROVISIONS RELATING TO THE EFFECTIVE APPLICATION OF THE EC REGULATION

Particulars of members to be registered under regulation 77

78.—(1) Subject to the provisions of this regulation, the register kept by an SE under regulation 77 shall contain the following particulars with respect to each member –

(a)in the case of an individual –

(i)his present name,

(ii)any former name,

(iii)his usual residential address,

(iv)his nationality,

(v)his business occupation (if any),

(vi)particulars of any other directorships held by him or which have been held by him, and

(vii)the date of his birth;

(b)in the case of a corporation or Scottish firm, its corporate or firm name and registered or principal office.

(2) In paragraph (1)(a) –

(a)“name” means a person’s Christian name (or other forenames) and surname, except that in the case of a peer, or an individual usually known by a title, the title may be stated instead of his Christian name (or other forename) and surname, or in addition to either or both of them; and

(b)the reference to a former name does not include –

(i)in the case of a peer, or an individual normally known by a British title, the name by which he was known previous to the adoption of or succession to the title, or

(ii)in the case of any person, a former name which was changed or disused before he attained the age of 18 years or which has been changed or disused for 20 years or more, or

(iii)in the case of a married woman, the name by which she was known previous to the marriage.

(3) It is not necessary for the register to contain on any day particulars of a directorship of a company –

(a)which has not been held by a director at any time during the 5 years preceding that day,

(b)which is held by a director in a company which –

(i)is dormant or grouped with the SE keeping the register, and

(ii)if he also held that directorship for any period during those 5 years, was for the whole of that period either dormant or so grouped,

(c)which was held by a member for any period during those 5 years in a company which for the whole of that period was either dormant or grouped with the SE keeping the register.

(4) For the purposes of paragraph (3), “company” has the meaning given it in Article 3(1) of the 1986 Order and includes any body corporate incorporated in Northern Ireland and –

(a)Article 257AA(4) of the 1986 Order(1) applies as regards whether and when a company is or has been dormant,

(b)Article 257AA(4) of the 1986 Order to the extent that provision is applied by any provision of the EC Regulation, applies as regards whether and when an SE is or has been dormant, and

(c)a company or SE is to be regarded as being, or having been, grouped with another at any time if at that time it is or was a company or SE of which the other is or was a wholly-owned subsidiary, or if it is or was a wholly-owned subsidiary of the other or of another company or SE of which that other is or was a wholly-owned subsidiary.