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The European Public Limited-Liability Company (Amendment) Regulations 2009

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Continuation of protection afforded by confidentiality orders under the Companies Act 1985

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12.—(1) A member of the supervisory organ of an SE in relation to whom a confidentiality order under section 723B of the Companies Act 1985 was in force immediately before 1st October 2009 is treated on and after that date as if—

(a)the member had made an application under section 1088 of the Companies Act 2006 (application to make address unavailable for public inspection) in respect of any address which, immediately before that date, was contained in “confidential records” as defined in section 723D(3) of the Companies Act 1985, and

(b)that application had been determined by the registrar in the member’s favour.

(2) The provisions of regulations under section 1088 relating to decisions of the registrar in favour of an applicant (in particular, as to the duration and revocation of such a decision) apply accordingly.

(3) In those regulations as they apply in accordance with this paragraph, any reference to an offence under section 1112 of the Companies Act 2006 (false statement) is to be read as a reference to an offence under regulations under section 723E(1)(a) of the Companies Act 1985 in relation to the application for the confidentiality order.

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