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Corporate Compliance: a guide for subscribers

Welcome to Corporate Compliance

This guide has been written to help users of Corporate Compliance, a combination of ICSA Publishing's Company Secretarial Practice and Compliance Complete's UK Company Law Service, to make the most of the complete range of services available. We recognise that making it easy for you to find what you want, when you want it, is one of the most important features of this type of service. This guide is intended to give you an overview of each element of the service and provide tips on where to find the information you need.

Scope of subscription

Corporate Compliance is a fully integrated information service designed to keep users up to date with current and proposed changes to company law and regulation. The service comprises an online version of Company Secretarial Practice: the Manual fully linked to the relevant legislation, subordinate legislation (Statutory Instruments), parts of the Financial Services Authority's Handbook (the Listing Rules, Disclosure Rules and Prospectus Rules, and the Market Conduct Sourcebook), the Combined Code on Corporate Governance, the Takeover Code, Exchange Rules and the full texts of relevant European Directives.

This guide is divided into three main sections - an overview of Company Secretarial Practice, an overview of UK Company Law and a guide to the overall functionality of the site.

ICSA Publishing's Company Secretarial Practice

Company Secretarial Practice (CSP) provides a commentary and recommended procedures on all the events that can normally occur from the formation to the liquidation of companies incorporated in the UK.

The material is organised into 15 topic-based chapters, each following the same format:

•   full chapter contents;
•   commentary;
•   precedents; and
•   appendices.

In addition you will also find:

•   a fully-linked contents page;
•   a list of abbreviations, definitions and citations;
•   a quick reference guide - this covers the appendices, checklists, precedents, board resolutions and general meeting resolutions, tables of statutes and Statutory Instruments, and Listing Rules;
•   Table A - this covers 1948 Table A, 1985 Table A and a table of comparisons between the two;
•   proposed changes - a summary of proposed changes to legislation and practice;
•   checklists;
•   a directory.

Updates

The text is updated three times a year, in February, June and October. All the amendments are fully integrated into the online text.

CSP Bulletins

The CSP Bulletin is added to the service six times a year - in February, April, June, August, October and December, and there is always a year's worth of bulletins on the service. CSP Bulletins are designed to provide additional quick-reference information about current and proposed developments in company secretarial practice. Material published in the Bulletin is hyperlinked to the full coverage provided in the Manual itself.

Company Secretary's Briefing

The Company Secretary's Briefing is added to the service in the first week of each month. This is republished from the ICSA publishing website. The link appears on the Corporate Compliance homepage.

ICSA Enquiry Service

Subscribers have free access to the ICSA's company secretarial enquiry service, which assists with detailed enquiries about matters of company secretarial practice. Please send full details of your enquiry, together with your customer number and contact details, to the ICSA Information Centre, either by fax (020 7612 7034) or email (library@icsa.co.uk).

Finding material in Company Secretarial Practice

Key navigation tools

There are several tools that will assist you in finding material in CSP. The home page of the site lists:

•   Proposed Changes
•   Precedents
•   Appendices
•   Checklists
•   Directory
•   Company Forms
•   Companies House Guidance Booklets
•   ICSA Guidance Notes
•   Company Secretary's Briefing
•   CSP Bulletin

Finding precedents, appendices and checklists

The commentary includes full cross-references to associated precedents, appendices and checklists. Precedents and appendices are situated at the end of the relevant chapter. Note, however, that they can appear in a different chapter if they are relevant to more than one subject. Checklists for key procedures are grouped together in a separate section after Chapter 15. Cross-references are linked to relevant material.

Precedents, appendices and checklists are numbered according to the chapter to which they relate:

•   Precedents carry the chapter number and letter identifier; for example, the fifth precedent in Chapter 4 is Precedent 4.E.
•   Appendices are identified by the prefix App. and are numbered sequentially by chapter; for example, the second appendix in Chapter 8 is App. 8.2.
•   Checklists are identified by the prefix Check. and are numbered sequentially by chapter; for example, the first checklist relating to Chapter 1 is Check. 1.1.

Complete lists of precedents, appendices and checklists are included in the Quick Links section of the homepage.

New developments

The CSP Bulletin, indicates (in the Supplement Briefing section) the date up to which developments have been included in the main text of the Manual. The two most recent editions of the Bulletin - together with the monthly Company Secretary's Briefing - will usually cover any subsequent developments.

Proposed changes

The main text of CSP concentrates on current practice. However, details about important new proposals and consultations are provided in the Proposed Changes section and Bulletins and Briefings.

•   Proposed Changes. This section appears on the homepage and just before Chapter 1. A detailed list of contents is given at the front of the section. Items in it are arranged in the same order as they would appear in the CSP and, wherever possible, a specific CSP paragraph cross-reference is given. New or substantially amended items are identified with an asterisk.
•   Bulletins and Briefings. More recent proposals are covered in the two most recent editions of the Bulletin and the monthly Briefings.

Some useful signposts

Users may find the following references to key items useful.

ABI guidelines App. 8.A.12, App. 8A.13, App. 8A.19
Addresses (list of useful) Directory section (Volume II)
Administration, receiverships, voluntary arrangements - forms schedule App.14.1
Articles for subsidiary company Precedent 1.G
Company forms (downloadable selection) CSP
Company forms (complete list) App. 9.1
Companies House Guidance Booklets (full text) CSP
Combined Code (2003) App. 8A.1
Competition rules App.13.3
Directors
appointment checklist Check. 8.1
general notice of interests Precedent 8.M
report, contents 11.18
rotation (note) App. 8.1
termination of appointment checklist Check. 8.2
Dividend - deed of waiver Precedent 5.O
Dormant companies 10.10
Elective regime 12.55
Guidance on audit committees (Smith guidance) App. 8A.16
Guidance on internal control (Turnbull guidance) App. 8A.15
ICSA Guidance Notes (full text) CSP
ICSA Registrar's Group guidance App. 4.2; App. 4.4; App. 4.6; App. 4.7; App. 13.2
ISC Statement of Principles App. 8A.18
Limited liability partnerships (note) App. 1.6
Listing Rules: continuing obligations checklist Quick Reference (Volume I)
The Model Code App. 8.2
Pre-emption guidelines App. 2.3
The Price Sensitive Information Guide (UKLA) App. 11.2
Retention periods for documents App. 9.2
Section 212 notice Precedent 9.N
Striking off a company 15.17
Table A
1985 version (full text) Table A section (Volume I)
1948 version (full text) Table A section (Volume I)
Winding-up forms schedule App. 15.1

Further information

Suggestions and comments

Suggestions for changes or additions to CSP are always welcome. Please send them to:

ICSA Publishing Ltd
16 Park Crescent
London W1B 1AH
Tel: 020-7612 7020
Fax: 020-7612 7034
Email: icsa.pub@icsa.co.uk

Company secretarial enquiries

Please contact the ICSA Enquiry Service at the ICSA Information Centre:

Fax: 020-7612 7034
Email: library@icsa.co.uk

Compliance Complete's UK Company Law Service

Corporate Compliance contains legislation and regulations, as well as other materials that are relevant to the company secretarial and associated markets.

Where provisions of an Act of Parliament are available on the service, Statutory Instruments made under those provisions are also included. As well as providing the text of legislation, etc as currently in force, full historical versioning is also available. Versions of the text showing amendments that will come into force in the future are provided where the commencement of those amendments is known. Amendments for which a date-in-force has yet to be appointed are noted in the annotations. It is also possible to use our dynamic versioning functionality to view the text of provisions as at any date in their history.

Square brackets are used to denote text that has been inserted or substituted. Text that is repealed (or revoked) is replaced with an ellipsis ( . . . ). The most recent amendments in legislation and subordinate legislation within each version are highlighted in blue for ease of identification, and all amendments are footnoted to provide easy identification of the associated note. Additional notes offer information about commencement, extent and alterations of a non-textual nature (e.g. modifications and transfers of function).

Acts and Statutory Instruments generally

Acts of Parliament are made by Parliament and constitute primary legislation. Statutory Instruments are made by government ministers and are referred to as delegated, secondary or subordinate legislation, being made under powers delegated by primary legislation. Primary legislation tends to provide a broad framework of law in a particular area, while Statutory Instruments flesh out the detail of the law. Either type of legislation can be referred to generically as an enactment and both types of legislation have equal effect in law.

Acts of Parliament are given a name (the short title) and a unique number (chapter number) within the calendar year in which they receive Royal Assent e.g. Financial Services and Markets Act 2000 (c 8). Statutory Instruments are made in the form of an Order or Order in Council, Regulations, Rules or a Scheme, and are given a name and a unique number within the official series of Statutory Instruments for the year in which they are made eg Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2002, SI 2002 No 1409.

The main provisions of Acts of Parliament are referred to as sections ("s" or "ss"), while the terminology of the main provisions of Statutory Instruments depends on the type of instrument made; Orders contain articles ("art" or "arts"), Regulations contain regulations ("reg" or "regs"), Rules contains rules ("r" or "rr") and Schemes contain paragraphs ("para" or "paras"). The main provisions may fall within Parts (abbreviated on our site to "Pt"), Chapters ("Ch") and/or other cross-headings and may have their own individual headings. They break down into paragraphs and sub-paragraphs ("sub-paras"). The main provisions may be supplemented by Schedules ("Schs"). Schedules may also fall within Parts and be divided into paragraphs and sub-paragraphs or contain tables, lists, forms, diagrams etc.

Commencement

The commencement of an Act of Parliament is usually set out within a designated section of the Act. In many cases, provision will be made for the Act to come into force at the end of a period of time beginning with the day on which the Act was passed or to come into force on such day or days as may be appointed by order (such orders are referred to as Commencement Orders). Occasionally, individual provisions will provide for their own commencement or for the commencement of Parts of the Act (e.g. Finance Acts). Where no specific provision is made as to the commencement of an Act (or certain provisions thereof), the Act (or provisions) will come into force on the date of Royal Assent, by default. The commencement of Statutory Instruments is usually set out in the first provision of the instrument and, in almost all cases, a date or dates will be specified for the coming into force of the instrument. It is possible for provisions of both Acts and Statutory Instruments to be brought into force on different dates for different purposes.

Corporate Compliance includes a note on each provision showing the full commencement of that provision.

Changes to legislation

New legislation often effects change to earlier legislation. This change may be of a textual or non-textual nature.

Textual changes

Changes of a textual nature involve the insertion or addition of completely new words, the substitution of new words for existing words or the omission of existing text. Corporate Compliance incorporates into the affected enactment all changes of a textual nature and describes these amendments respectively as "substitutions", "insertions" and "repeals" (or "revocations" where text is omitted from a Statutory Instrument). When an amendment (repeal/revocation) is not yet in force, it is said to be "prospective". Where the date-in-force of a prospective amendment is known, the change will be made to the text and a future version of the affected provision will be available.

Where the date-in-force of a prospective amendment has yet to be appointed, the change will not be made to the text of the affected provision but a note will be added to warn the user of the prospective change. Examples are:

Substitution

Substituted by the Enterprise Act 2002 (c 40), s 278(1), Sch 25, para 21(1), (4) (as from 1 April 2003 (SI 2003/766))

Insertion

Inserted by the Enterprise Act 2002 (c 40), s 278(1), Sch 25, para 21(1), (4)(d) (as from 1 April 2003 (SI 2003/766))

Repeal

Repealed by the Enterprise Act 2002 (c 40), s 278(1), (2), Sch 25, para 21(1), (4)(c)(iv), Sch 26 (as from 1 April 2003 (SI 2003/766))

Revocation

Revoked by SI 2001/3623, arts 2, 3 (as from 1 December 2001 (art 1))

Prospective amendment

Prospectively amended by SI 2002/253, art 54(3), Sch 5, para 14 (as from a day to be appointed)

Non-textual changes

Non-textual changes do not alter the physical wording of the existing text but alter the effect of those words, and may be as important as textual changes. Modifications and transfers of functions are forms of non-textual change and are fully noted on our site. Examples are:

Transfer of Functions

The Companies Act 1989 (Commencement No 3, Transitional Provisions and Transfer of Functions under the Financial Services Act 1986) Order 1990, SI 1990/354, art 4(6) (functions of the Secretary of State under sub-ss (2) and (3) (and functions of the Registrar under sub-ss (2) and (3) by virtue of sub-s (7)) transferred to The Securities and Investments Board)

Modifications

The Financial Markets and Insolvency Regulations 1991, SI 1991/880, regs 14, 15 (as from 25 April 1991)

Extent

In order to assist users in determining the jurisdictional extent of Acts of Parliament, Corporate Compliance adds an appropriate note to each provision.

Corporate Compliance - Functionality

This part of the guide is presented as a list of frequently asked questions that cover the most important aspects of the service and the features that you may use everyday.

How do I find a particular section of commentary or piece of legislation?

There are two ways to find a particular section of content.

1. If you know what section you need, go to the hyperlink on the front page. This will bring up a split screen with a navigational menu on the left hand side and the content in the middle of the screen. Simply navigate through the content using the links.
2. If you do not know where a particular section is located, go to the search window using the 'Search' button at the top left of the screen and select 'Search multiple rulebooks'. For more information on how to perform a search, please refer to the search section below. How do I know where I am within the site?

As you move through the content there are two ways in which you can keep track of where you are within that:

1. The left menu will always show your current location emboldened in black.
2. From the text window you can see your location by following the breadcrumbs. The title of the previous and the next sections of the text are indicated by red chevrons and appear at the top and bottom of the main text window.

How do I find sections that contain a particular word or phrase?

You can find rules or sections, which contain keywords or phrases by using the search facility. Select 'Search' from the top menu.

1. Searching for a phrase or keyword in more than one rulebook

Click on the 'Search multiple rulebooks' window.
1. Search for: In the boxes provided enter the terms you want to search for.
2. Search from: Select the rulebooks you would like to search. Tick the box to select all rulebooks or select multiple rulebooks by using the case lock key and the down or up arrow on your keyboard.
3. Order results by: You can order the results by relevance, i.e. how frequently your search term appears in each section or you can order by relevance in each rulebook, i.e. the results will be grouped by rulebook and then ordered by relevance.
4. View results: On clicking the 'Search' button the results will be displayed in the same window. Click on a result to view that section with the search terms highlighted.
5. Search again: To return to your search use the back button on your computer.
2. Searching for a phrase or keyword in Corporate Compliance

Once you have selected Corporate Compliance the window will offer you the added option to search only within that selected rulebook. This will just search the Company Secretarial Practice section.

You are now presented with four steps to perform your search.
1. Search for: In the boxes provided enter the terms you want to search for.
2. Search from: Select the sections in which you would like to restrict your search. Tick the box to search the whole rulebook or select multiple sections by holding down the case lock key and using the down or up arrow on your keyboard.
3. Order results by: You can order your results relevance, i.e. how frequently your search term appears in each section; by chapter, i.e. grouping the results by chapter and then ordering them by relevance; or by rulebook, i.e. grouping the results in the order that they appear in the rulebook.
4. View results: On clicking the 'Search' button the results will be displayed in the same window. Click on a result to view that section with the search terms highlighted.
5. Search again: To return to your search use the back button on your computer.

How do I annotate a section?

When you are viewing a section of content you will notice the option 'Notes: Add a note'. Selecting this option will open a notepad into which you can type notes relating to the section. Selecting 'Save changes' will save this note for later use. When you view a section that has already been annotated a box entitled 'Notes: This rule has a note' will appear on the right hand side of the text screen. Clicking on the down arrow or the word 'Notes' will open the notes for this section. You can edit or delete this note as required. See 'How can I print sections of the content?' below for advice on printing notes.

How do I bookmark a section?

Bookmarks are shortcuts to sections of content and are listed at the top of the left hand navigation window when browsing a rulebook and also appear as a link on the homepage of the site.

To bookmark a section, first navigate to the relevant section so that it is open in the text window. Then select 'Bookmark' from the toolbar at the top of this window.

How do I view a large section of content?

To view a large section of content on one continuous web page, first navigate to the relevant section so that it is open in the text window. Then select 'Whole Section' from the toolbar at the top of this window. Note - if you ask for a very large section of text, it may take a short while to load. The time it takes is dependent upon the speed of your internet connection and the size of the section you require.

Can I email a section to a colleague?

Any section of the rulebook can be emailed to one or more colleagues.

To email a section, first navigate to the relevant section so that it is open in the main window. Then select 'Email' from the toolbar at the top of this window.

You are then required to enter the recipient's email address as well as your email address so that your colleague knows that it is coming from you. There is also the option of attaching a message to the email or to build an address book.

How can I print sections of the content?

Go to any section of the content you wish to print and select the print option. You can print in two ways:

Using the simple 'Print' function

You may print the section displayed in your text screen by clicking the option at the top of screen that says 'Print'. If you would like to print your notes with this section you will need to have the note open in your text screen.

Using the 'Print Manager'

You can build up a print job by selecting different sections of content, or different parts of different sections using the drop down menu. You can go back to the drop down menu and change the section as often as you like. Move parts into your print document by using the arrows.

Remember that a section may simply be a section or chapter heading so you will need to build up your print document using each individual element of a rule.

Select 'Include notes' if you also what to print out any notes.

Once you have selected 'Print Preview' the whole text of this document will appear in a new window. You can then elect to print or go back to the print manager to add or delete further sections.

Can I view a previous or future version of a piece of content?

As this service is updated it will, by default, show the latest version of that rule but will store the obsolete versions of different sections for future reference or hold future versions, which will come into force on a set day.

If a section has been updated, a 'Versions' box will appear on the right hand side of the text screen. Click on the title or arrow in this to open the list of versions. The current version is indicated by a small red dot. All other versions are links to stored previous or future version pages.

When you are viewing an older version of a rule you will see a warning message at the top of the page: There is a more up-to-date version of this section available.

When you are viewing a future version you will see a warning message: An earlier version of this rule is still current.

How do I use the dynamic versioning functionality?

The default display of all of the contents of the UK Company Law Service is as at today's date. To view the provision at any other time, go to 'Whole Section' view by clicking on the "Whole Section" box. From there, choose the date from the list at the top of the page and the appropriate record will be selected. Note that it is only possible to select dates that fall within the history of the legislation - if you select outside the parameters you will be told. This functionality is available for all Acts of Parliament and Statutory Instruments, as well as the European Directives and the parts of the Handbook reproduced in Corporate Compliance. It is always easy to return to the current version by clicking on the "Show Current Version" box.

How can I get more information?

In addition to contacting ICSA Publishing (see above), you can email grc.crr.clientsupport@thomsonreuters.com for help. We also have a technical team available to help you with any technical problems you may have with the rulebooks. Please also do email us with any feedback that you have about the service.