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New section 249A of Act of 1990 — Power to reject documents sent for registration and amendments consequential on that section's insertion.
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107.—(1) The Act of 1990 is amended by the insertion of the following after section 249:
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“249A.—(1) If a document is delivered to the registrar which does not comply with—
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(a) the requirements of section 248 or 249,
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(b) any other requirement of the Companies Acts (and in particular the provisions of the section or sections under which a requirement to deliver the document concerned to the registrar arises), or
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(c) any requirements imposed by or under any other enactment relating to the completion of a document and its delivery to the registrar,
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the registrar may serve on the person by whom the document was delivered (or, if there are two or more such persons, on any of them) a notice indicating the respect in which the document does not comply.
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(2) Where the registrar serves such a notice, then, unless a replacement document—
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(a) is delivered to him within 14 days after the service of the notice, and
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(b) complies with the requirements referred to in subsection (1) or is not rejected by him for failure to comply with those requirements,
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the original document shall be deemed not to have been delivered to him.
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(3) For the purposes of any provision which—
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(a) imposes a penalty for failure to deliver a document, so far as it imposes a penalty for continued contravention, or
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(b) provides for the payment of a fee in respect of the registration of a document being a fee of a greater amount than the amount provided under the provision in respect of the registration of such a document that has been delivered to the registrar within the period specified for its delivery to him,
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no account shall be taken of the period between the delivery of the original document and the end of the period of 14 days after the service of the notice under subsection (1) (but only if, before the end of the latter period, a replacement document that complies with the requirements referred to in subsection (1) is delivered to the registrar)
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(4) Nothing in this section shall have the effect of making valid any matter which a provision of the Companies Acts or of any other enactment provides is to be void or of no effect in circumstances where a document in relation to it is not delivered to the registrar within the period specified for the document's delivery to him.”.
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(2) Subsections (3), (4) and (5) of section 248 and subsections (5), (6) and (7) of section 249 of the Act of 1990 are deleted.
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