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The European Economic Interest Grouping (Amendment) Regulations 2009

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Amendment of the European Economic Interest Grouping Regulations 1989

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13.  In regulation 10 (prohibition on registration of certain names), for paragraphs (1) and (2) substitute—

(1) An EEIG shall not be registered in the United Kingdom under regulation 9 above by a name which includes—

(a)any of the words or abbreviations specified in inverted commas in paragraph 1 of Schedule 2 to the Company and Business Names (Miscellaneous Provisions) Regulations 2009(1);

(b)any word or abbreviation specified as similar to a word or abbreviation falling within sub-paragraph (a) above, within the meaning of paragraph 2 of that Schedule;

(c)any of the expressions or abbreviations specified in inverted commas in sub-paragraphs (a) to (j) and (l) to (v) of paragraph 3 of that Schedule;

(d)any expression or abbreviation specified as similar to an expression or abbreviation falling within sub-paragraph (c) above, within the meaning of paragraph 4 of that Schedule.

(1A) The provisions specified in paragraph (1B) below apply to EEIGs registered or in the process of being registered under these Regulations, as if they were companies formed and registered under the 2006 Act or in the process of being registered under the 2006 Act.

(1B) The provisions are—

(a)section 53 of the 2006 Act (prohibited names);

(b)section 54 of that Act (names suggesting connection with government or public authority);

(c)section 55 of that Act (other sensitive words or expressions);

(d)section 56 of that Act (duty to seek comments of government department or other specified body) and any regulations made by virtue of that section;

(e)section 57(3) of that Act (permitted characters etc);

(f)section 66(1) of that Act (name not to be the same as another in the index) and any regulations made under that section.

(1C) The provisions specified in paragraph (1B) above have effect with the following modifications—

(a)any reference to the 2006 Act is to be read as including a reference to these Regulations;

(b)the reference in section 56(4)(a) to a director or secretary of the company is to be read as a reference to a manager of the EEIG;

(c)any requirement imposed by regulations under section 66 to disregard the words “European Economic Interest Grouping” or the abbreviation “EEIG” where those words or that abbreviation appears in a name—

(i)is to apply wherever in the name those words or that abbreviation appears; and

(ii)is to be taken to include a requirement to disregard the authorised equivalents of those words or that abbreviation in official languages of the Economic Community other than English.

(2) Schedule 3 to these Regulations sets out the authorised equivalents referred to in paragraph (1C)(c)(ii) above.

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