LegalizeThe Reports on Payments to Governments Regulations 2014
| Provision of the Companies Act 2006 applied | Subject matter of provision applied | Documents in relation to which the provision is applied | Modifications to the provision applied |
|---|---|---|---|
| Section 1103 | Documents to be drawn up and delivered in English | Documents delivered to the registrar under any provision of these Regulations by—(a) a partnership or limited partnership falling within the definition of “UK undertaking” in regulation 2(1); or(b) the directors of such a partnership or limited partnership. | In subsection (2) omit “section 1104 (documents relating to Welsh companies) and”. |
| Section 1105(1) | Documents that may be drawn up and delivered in other languages | Documents delivered to the registrar under regulation 15 by the directors of a partnership or limited partnership falling within the definition of “UK undertaking” in regulation 2(1). | None |
| Section 1106(1), (3) and (4) | Voluntary filing of translations | Documents delivered to the registrar under regulation 14 or 15 by the directors of a partnership or limited partnership falling within the definition of “UK undertaking” in regulation 2(1). | For subsection (1) substitute—“(1) A partnership or limited partnership falling within the definition of “UK undertaking” in regulation 2(1) of the Reports on Payments to Governments Regulations 2014 (SI 2014/3209) may deliver to the registrar one or more certified translations of any document relating to the partnership or limited partnership that is or has been delivered to the registrar.”.For subsection (3) substitute—“(3) The facility described in subsection (1) is available in relation to all the official languages of the European Union.”. |
| Section 1107 | Certified translations | Documents delivered to the registrar under regulation 14 or 15 by the directors of a partnership or limited partnership falling within the definition of “UK undertaking” in regulation 2(1). | In subsections (2)(a) and (b) and (3), for “the company” substitute “the partnership or limited partnership”. |
Review of Regulations
12ZA
- (1) Reporting requirements in any country or territory regarding the reporting of payments to governments that have been assessed by the European Commission as being equivalent to the requirements of Chapter 10 of Directive 2013/34/EU of the European Parliament and of the Council of 26th June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings , and were identified in an implementing act adopted before IP completion day by the European Commission in accordance with Article 47 of that Directive, are equivalent to the reporting requirements in these Regulations.
- (2) The Secretary of State may determine that the reporting requirements regarding the reporting of payments to governments of a country or territory outside the United Kingdom are equivalent to the reporting requirements in these Regulations.
- (3) The Secretary of State must consider at least the following criteria when making a determination under paragraph (2)—
- (a) target undertakings,
- (b) target recipients of payments,
- (c) payments captured,
- (d) attribution of payments captured,
- (e) breakdown of payments captured,
- (f) triggers for reporting on a consolidated basis,
- (g) reporting medium,
- (h) frequency of reporting, and
- (i) anti-evasion measures.
- (4) The Secretary of State may consider criteria other than those in paragraph (3), but only if they facilitate a direct comparison of reporting requirements of the other country or territory with the reporting requirements of these Regulations.
- (5) The Secretary of State may suspend or withdraw—
- (a) the equivalence granted by virtue of paragraph (1); or
- (b) a determination made under paragraph (2).
Exemption from duty to prepare report
Exemption from duty to prepare report or consolidated report
False statements: basic offence
False statements: aggravated offence
16BA
- (1) It is an offence for a person knowingly to—
- (a) deliver or cause to be delivered to the registrar, for the purposes of these Regulations, a document that is misleading, false or deceptive in a material particular, or
- (b) make to the registrar, for the purposes of these Regulations, a statement that is misleading, false or deceptive in a material particular.
- (2) Where the offence is committed by a firm, every officer of the firm who is in default also commits the offence.
- (3) In paragraph (2) “firm” has the meaning given by section 1173(1) of the Act.
- (4) Sections 1121 to 1123 of the Act (liability of officers default: interpretation etc) apply for the purposes of paragraph (2) as they apply for the purposes of provisions of the Companies Acts.
- (5) A person guilty of an offence under this regulation is liable—
- (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
- (b) on summary conviction—
- (i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
- (ii) in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
- (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).
- (6) No proceedings are to be brought for an offence under this regulation—
- (a) in England and Wales except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
- (b) in Northern Ireland except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
Enforcement of undertaking's delivery obligations
Default in delivering report: court order
Directive disclosure requirements
Inspection etc. of records of documents delivered to the registrar under these Regulations by partnerships or limited partnerships
Language requirements (translation) for documents delivered to the registrar under these Regulations by partnerships or limited partnerships
Review of Regulations
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