| On 10 July 2003, the Government
announced its plans for reforming company law. They contain
three main elements:
- Early legislation to implement changes to the law recommended
by the various reviews following recent major corporate failures.
These changes will complement the non-legislative measures
already taken or underway as a result of the work of the Co-ordinating
Group on Audit and Accounting Issues, and the Review of the
Regulatory Regime of the Accountancy Profession, and will
help restore investor confidence in companies and financial
markets. Further information on the work of the Co-ordinating
Group is available here.
The legislation will also include measures creating a new
corporate vehicle, the Community Interest Company (CIC), to
promote the development of social enterprise. Further information
on CICs is available here.
- In parallel with this legislation, the Government plans
to use existing powers to introduce a statutory Operating
and Financial Review (OFR) for large companies. Draft regulations
on the OFR will be published for consultation in due course;
and
- The continuing programme of comprehensive reform of company
law, following the independent Company
Law Review and the Modernising
Company Law White Paper. This work is aimed at
providing a modern, cost-effective, fair and transparent framework
for business, shareholders, creditors and others."
A link to
Jacqui Smith's statement can be found here
Additional information on the White Paper
A draft overarching Regulatory Impact Assessment that provides
an overall assessment of the regulatory impact of the current
proposals for the Bill is available here
More detailed individual RIAs that cover the main proposals
and support the overarching RIA are also available here
Information on the Operating and Financial Review Working
Group set up to provide guidance to directors on whether an
item is material to their company and hence must be included
in an OFR is available here
A separate summary of the proposals
for small businesses
(81Kb) is available.
The Terms of Reference
(72Kb) of the references on Company Charges made to the Law
Commission and the Scottish Law Commission as part of this exercise
are available here
The Final Report of the Company Law Review is available here
The consultation documents
published during the Company Law Review are available here
Contact details for the Companies Bill Team are available here |