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The European Economic Interest Grouping Regulations 1989

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PART IVSUPPLEMENTAL PROVISIONS

Application of the Business Names Act 1985

17.  The Business Names Act 1985(1) shall apply in relation to an EEIG which carries on business in Great Britain as if the EEIG were a company formed and registered under the 1985 Act.

Application of the Companies Act 1985

18.  The provisions of the 1985 Act specified in Schedule 4 to these Regulations shall apply to EEIGs, and their establishments, registered or in the process of being registered under these Regulations, as if they were companies formed and registered or in the process of being registered under the 1985 Act and as if in those provisions any reference to the Companies Act included a reference to these Regulations and any reference to a registered office included a reference to an official address, but subject to any limitations mentioned in relation to those provisions in that Schedule and to the omission of any reference to a daily default fine.

Application of Insolvency Act 1986

19.—(1) Part III of the Insolvency Act 1986 shall apply to EEIGs, and their establishments, registered under these Regulations, as if they were companies registered under the 1985 Act.

(2) Section 120 of the Insolvency Act 1986 shall apply to an EEIG, and its establishments, registered under these Regulations in Scotland, as if it were a company registered in Scotland the paid-up or credited as paid-up share capital of which did not exceed £120,000 and as if in that section any reference to the Company’s registered office were a reference to the official address of the EEIG.

Application of the Company Directors Disqualification Act 1986

20.  Where an EEIG is wound up as an unregistered company under Part V of the Insolvency Act 1986, the provisions of sections 1, 2, 4 to 11, 12(2), 15 to 17, 20 and 22 of, and Schedule 1 to, the Company Directors Disqualification Act 1986(2) shall apply in relation to the EEIG as if any reference to a director or past director of a company included a reference to a manager of the EEIG and any other person who has or has had control or management of the EEIG’s business and the EEIG were a company as defined by section 22(2)(b) of that Act.

Penalties

21.  Nothing in these Regulations shall create any new criminal offence punishable to a greater extent than is permitted under paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.

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