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Private addresses and Companies House #2 - an update


1 October 2009 

Private addresses and Companies House #1 - 14 July 2008

Last year we told you that the law relating to director's residential addresses at Companies House was changing. That change took effect today. As from 1 October 2009 directors will be required to provide both a residential address and a service address. The service address will be on the public record, but the residential address will automatically be ‘protected information’ meaning that company directors will be able to withhold their residential address from public inspection (by specifying a different address for service).

But will your residential address be protected automatically and to what extent will your residential address really be ‘protected’? Will the media still be able to access your details?

Changes to the law from 1 October 2009 - Companies House

 

  • Under current legislation every director of a UK registered company must by law provide his or her usual residential address to Companies House. This address is available for inspection by the public.
  • On 1 October 2009, the law changed and provisions of the Companies Act 2006 came into force under which directors are required to provide both a residential address and a service address.
  • Your residential address will be deemed ‘protected information’ and will not be open to inspection by members of the public. Your service address will be the address that is placed on the public record and will be open to be inspected.
  • The default position is (save in a minority of cases where a director is the beneficiary of a Confidentiality Order) that the address currently registered with Companies House under current legislation, namely a director’s usual residential address, will automatically become the service address and so will continue to be available to view by members of the public.


 

 Do you need to do anything?

  • It depends on whether you are the beneficiary of a valid Confidentiality Order on 1 October 2009.
  • If you are not the beneficiary of a valid Confidentiality Order at 1 October 2009, in order to protect your residential address you must take active steps to do so and expressly specify a service address through the prescribed method at Companies House.
  • In our last update we explained how an individual was able to apply for an order restricting the availability for inspection by the public of the individual’s residential address by obtaining what is referred to as a ‘Confidentiality Order’. To qualify for a Confidentiality Order the individual needed to show that the availability for inspection by members of the public of particulars of their usual residential address created, or was likely to create, a serious risk that they or a person who lives with them would be subjected to violence or intimidation.
  • If you have a valid Confidentiality Order at 1 October 2009 the effect of that Order will continue indefinitely and you need not take further steps in order to protect your residential address. The service address that you specified when applying for your Confidentiality Order will be your service address under the new legislation.
  • We can assist in determining whether or not your Confidentiality Order will continue in effect under the new legislation and, if required, can also make the necessary application to ensure that your residential address is protected.


 

What ‘protection’ is provided by the new legislation?

  • Your residential address is ‘protected information’ and is protected in the sense that the use or disclosure of that information is heavily restricted at law.
  • The new legislation provides that the Registrar of Companies may only use or disclose your residential address in a very small number of circumstances. Details of your residential address can be provided to a competent public authority. This might be to the police or security services for the prevention of crime, by way of example . However, one of the other permitted uses will allow the Registrar to provide your information to credit reference agencies.
  • This may not be desirable. If it isn’t then there are steps that an individual, or a company on behalf of its directors, can take. Again, it will depend on whether there is a valid Confidentiality Order at 1 October 2009.
  • If you are not the holder of a Confidentiality Order at 1 October 2009 it may be possible to make an application restricting the use of a residential address to credit reference agencies. To make a successful application you must show that the availability for inspection by members of the public of particulars of a usual residential address created, or was likely to create, a serious risk that they or a person who lives with them will be subjected to violence or intimidation.
  • If there is a valid Confidentiality Order at 1 October 2009 its continuing effect will mean that a separate application will not be necessary and the residential address will not be provided to a credit reference agency.
  • We can make the relevant application to Companies House where appropriate.

For further enquires please contact:
Schillings
+44 (0)20 7034 9000
legal@schillings.co.uk