The Companies (Registrar) (Fees) (Amendment) Regulations, 2010

Transcription

1 GUERNSEY STATUTORY INSTRUMENT 2010 No. The Companies (Registrar) (Fees) (Amendment) Regulations, 2010 Made ]Si July, 2010 Coming into operation 1 July, 2010 Laid before the States, 2010 THE REGISTRAR OF COMPANIES, in exercise the powers conferred on him by section 501(1) the Companies (Guernsey) Law, 2008, as amended2, and all other powers enabling him in that behalf, and having consulted with and obtained the approval the Commerce and Employment Department, hereby makes the following Regulations: Amendment Regulations. as follows. 1. The Companies (Registrar) (Fees) Regulations, 2009b are amended 2. After regulation 3(3) insert the following paragraph - a Order in Council No. VIII 2008 as amended by Ordinance No. XXV 2008; the Companies (Guernsey) Law, 2008 (Amendment) (No. 2) Ordinance, 2008 (No. LIV 2008); the Administrator Income Tax (Guernsey) (Transfer Functions) Ordinance, 2009; and by the Companies (Panel on Takeovers and Mergers) Ordinance, 2009 (No. XIV 2009) and the Companies (Panel on Takeovers and Mergers) (Amendment) Regulations, 2009 (No. 34). b Guernsey Statutory Instrument 2009 No. 95.

2 (4) Any reference in these regulations to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.. these regulations. 3. For the Schedule substitute the Schedule set out in the Schedule to Citation. 4. These regulations may be cited as the Companies (Registrar) (Fees) (Amendment) Regulations, Commencement. 5. These regulations shall come into force on the 1~ July, Dated this 1st July, 2010 MAR Registrar o TELEY Companies

3 SCHEDULE SCHEDULE FEES Regulations 2 and 3 Annual Validation (1) All Non-Regulated 250 Includes: Companies 234 Local trading companies (excluding fmance/fiduciary institutions). i.e. those engaged in commerce and industry on the Island; Local private investment companies (asset holding) which are not regulated by the GFSC. (2) Financial Product 500 Includes: Companies, that is to say, 234 Companies administered by an companies to which any entity that is GFSC licensed the services specified includes captive insurance below are provided by- companies, incorporated fiduciary structures and incorporated (a) a corporate services management finds; provider, or Managed banks which are managed as a service from Guernsey but are (b) a company or other directly regulated by the GFSC. person, body or entity who holds or is deemed to hold a licence, consent, registration, permission or authorisation from the Financial Services Commission under the regulatory Laws within the meaning section 24(1) the Financial

4 Services Commission (Bailiwick Guernsey) Law, The services are the formation, management or administration the company, the provision advice in relation to the formation, management or administration the company, acting as director the company or the provision to the company - (A) corporate or individual directors, (B) individuals or companies to act as company or corporate secretary or in any other capacity as ficer the company other than a director, (C) nominee services, including (without limitation) acting as or providing nominee shareholders, (D) registered fices or accommodation addresses (the expression address in this subparagraph including any postal, telecommunication or electronic address

5 (1) Service (2) (3) (4) Fee Notes and any other service comprising company or corporate administration within the meaning section 2(1)(b) the Regulation Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick Guemse Law, (3) Incorporated Cell and Protected Cell Companies In addition: 100 per incorporated cell; 10 per protected cell. (4a) GFSC Regulated Management Companies Applies to all GFSC licensed entities holding licenses under: The Banking Supervision (Bailiwick Guernsey) Law 1994; The Regulation Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick Guernsey) Law, 2000; The Insurance Business (Bailiwick Guernsey) Law, 2002; The Insurance Managers and Insurance Intermediaries (Bailiwick Guernsey Law, 2002; The Protection Investors (Bailiwick Guernsey) Law, NOTE: This category is specifically for the head license companies only (subsidiary companies not holding a license in their own name are

6 captured elsewhere). (4b) OUR Regulated 1000 Applies to: Companies 234 OUR Licensed telecoms companies; Guernsey Post; Guernsey Electricity; Channel Islands Stock Exchange. (5) Not for Prit 100 No fee applies to Guernsey Organisations 234 registered charities as per The Charities and Non Prit Organisations (Registration) (Guernsey) Law, (6) Other Corporate 500 Includes: Bodies and Regulated 234 General Partner companies; Entities Founder Partner companies; Special Purpose Vehicle companies; Corporate Service Companies acting as corporate directors and nominee shareholders, and in-house corporate service companies not holding a GFSC license in their own right; Other Regulated Business Entities. Daily default fine for a 150 Per company / cell. A month is company which fails to 237 per month defined for the purposes these submit its annual regulations as being a period 31 validation(including days (inc. weekends and public validation for each ICC cell) Incorporation holidays). The fee will be applied on the 1st February and thereafter every 31 days. Standard Company 100 Company incorporated within 24 Incorporation 17 hours. Rapid Company 350 Company incorporated within 2 Incorporation 17 hours. Special Company 750 Company incorporated within 15 Incorporation 17 minutes (certain restrictions apply). Incorporated Cell 100 Incorporated within 24 hours. registration 17

7 (1) Service (2) Company Name Reservation 27 Changes to Company Particulars (3) Fee (4) Notes Per company name. Change Name Application for restoration to the Register Companies Application to Registrar 1000 for amalgamation 69 Application for the issue s 100 a certificate conversion, transfer or subsumption. Migration In (Application for registration overseas company as a Guernsey corn an Migration Out (Application to transfer registration to another jurisdiction) This fee is in addition to all outstanding annual return and annual validation fees, ete, which would have been payable by the company if it had not been dissolved, except for the daily default fine due under section 237 which is excluded. Companies supervised by GFSC must have prior GFSC consent. Company Document filing Change Registered Office Address (electronic

8 Change Directors 145(1)(a) 10 (electronic delivered Change in particulars 10 contained in its Register 145(1)(b) (electronic Directors Change Company Classification Change Economic Activity Change Company Purpose (document flied 10 (electronic 10 (electronic 10 (electronic Special, Waiver and s 10 Unanimous Resolutions 178, 179 (electronic and 180 Free until 3V December Free until 31st December Free until 31st Dtcembet201 0.

9 Change Memorandum s 100 and/or Articles (for both Incorporation documents) 50 (each document) Other document filing 10 Per document. 501 (electronic te document filing fee 2 Charged each calendar day after 501 filing deadline date. Copies Company Documents Memorandum (electronic (certified Articles Incorporation (electronic (certified All other document filings 2 Per document. 501 (electronic Certification any other 10 Per document. document filings 501 (certified

10 Request for a copy the Applicable This copy fee does not include the entire Company File 501 relevant charge certification fee(s). dependent upon the number, and type, documents within the file. The charge is capped at 100 except if a request results in excessive work volumes and/or a burden upon registry resources. Requests for Company Priles and copy Certificates Company Prile (electronic 25 (certified Certificate Good 10 Standing 501 (electronic 25 (certified Copy Certificates (electronic 25 (certified Miscellaneous Charges

11 Exceptional charges 300 per hour This fee applies where a request, in 501 per member the reasonable opinion the staff Registrar, will result in excessive work volumes and/or is a burden upon registry resources. The application the exceptional charges will be advised in advance any work being undertaken by the Registry. EXPLANATORY NOTE (This note is not part the regulations) These regulations replace the schedule fees payable to the Registrar Companies under the Companies (Registrar) (Fees) Regulations, 2009 in respect the performance his functions under the Companies (Guernsey) Law, 2008, as amended and clarif~ the description fmancial product companies in respect which the fee prescribed in the schedule is payable.

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