IN THE MATTER OF WATERSIDE NURSERY LIMITED AND IN THE MATTER OF SCHEDULE 4 TO THE SMALL BUSINESS, ENTERPRISE AND EMPLOYMENT ACT 2015

IN THE MATTER OF WATERSIDE NURSERY LIMITED AND IN THE MATTER OF SCHEDULE 4 TO THE SMALL BUSINESS, ENTERPRISE AND EMPLOYMENT ACT 2015

The court has jurisdiction to entertain an application for a suspended cancellation order under Schedule 4 SBEEA 2015 even if made after the expiry of the prescribed time limit, as the statutory scheme does not expressly bar late applications and the legislative purpose would be frustrated by denying jurisdiction. The appropriate order is a suspended cancellation order, as the requisite notices were not given and the bearer did not have actual notice.

Parties
Applicant/company: Waterside Nursery Limited; Notified Party: Registrar of Companies
Jurisdiction
England and Wales
Judgment Date
16 February 2022
Procedural Posture
Company Law Application / Judgment on Application for Suspended Cancellation Order
Outcome
Application allowed; suspended cancellation order granted.
Legal Topics
Abolition of Bearer Shares, Schedule 4 Small Business, Enterprise and Employment Act 2015, Jurisdiction for Late Applications, Suspended Cancellation Order
Company Law Statutory Interpretation Abolition of Bearer Shares Schedule 4 Small Business, Enterprise and Employment Act 2015 Jurisdiction for Late Applications Suspended Cancellation Order

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Parties

Waterside Nursery Limited

Applicant/company

Registrar of Companies

Notified Party

Procedural Posture

Company Law Application / Judgment on Application for Suspended Cancellation Order

Legal Issues

  1. 1 Does the court have jurisdiction to grant a suspended cancellation order under Schedule 4 SBEEA 2015 after the expiry of the prescribed time limit?

Ratio Decidendi

The court has jurisdiction to entertain an application for a suspended cancellation order under Schedule 4 SBEEA 2015 even if made after the expiry of the prescribed time limit, as the statutory scheme does not expressly bar late applications and the legislative purpose would be frustrated by denying jurisdiction. The appropriate order is a suspended cancellation order, as the requisite notices were not given and the bearer did not have actual notice.

Court Disposition

Application allowed; suspended cancellation order granted.

Orders

  • Suspended cancellation order granted under paragraph 6(2) of Schedule 4 SBEEA 2015.
  • Company to give notice to the bearer as required by the order.