Companies (Registers of Controllers, Nominee Directors, Nominee Shareholders, and Members of Foreign Companies) Regulations 2017 · As enacted · Part 4 · Register of Members of Foreign Company
11. Application of section 192 of Act
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For the purposes of section 384(a)(ii) of the Act, section 192(2) and (3) of the Act applies to the register of members of a foreign company as it applies to the register of members of a public company, subject to the modifications in paragraph (2).
For the purposes of paragraph (1) —
a reference in section 192(2) and (3) of the Act to “any member” is to be read as a reference to “any member of the foreign company”;
a reference in section 192(3) of the Act to “the public company” is to be read as a reference to “the foreign company”; and
a reference in section 192(3) of the Act to “the company” is to be read as a reference to “the foreign company”.
Subject to the modification in paragraph (4), section 192(4) of the Act applies to a failure to send a copy of the register of members of a foreign company requested under section 192(3) of the Act as applied by paragraph (1).
The modification mentioned in paragraph (3) is that —
the reference in section 192(4) of the Act to “subsection (3)” is to be read as a reference to “section 192(3) of the Act, as applied by regulation 11(1) of the Companies (Registers of Controllers, Nominee Directors, Nominee Shareholders and Members of Foreign Companies) Regulations 2017”; and
each reference to “the company” is to be read as a reference to “the foreign company”.
Subregulation 1
For the purposes of section 384(a)(ii) of the Act, section 192(2) and (3) of the Act applies to the register of members of a foreign company as it applies to the register of members of a public company, subject to the modifications in paragraph (2).
Subregulation 2
For the purposes of paragraph (1) —
a reference in section 192(2) and (3) of the Act to “any member” is to be read as a reference to “any member of the foreign company”;
a reference in section 192(3) of the Act to “the public company” is to be read as a reference to “the foreign company”; and
a reference in section 192(3) of the Act to “the company” is to be read as a reference to “the foreign company”.
Subregulation 3
Subject to the modification in paragraph (4), section 192(4) of the Act applies to a failure to send a copy of the register of members of a foreign company requested under section 192(3) of the Act as applied by paragraph (1).
Subregulation 4
The modification mentioned in paragraph (3) is that —
the reference in section 192(4) of the Act to “subsection (3)” is to be read as a reference to “section 192(3) of the Act, as applied by regulation 11(1) of the Companies (Registers of Controllers, Nominee Directors, Nominee Shareholders and Members of Foreign Companies) Regulations 2017”; and
each reference to “the company” is to be read as a reference to “the foreign company”.