Yes. As from 1 October 2009, any filing of a director’s details will have to include both the director’s usual residential address and, for each directorship, a service address. The service address will be on the public record; the residential address will be protected information, which means that only certain public authorities and credit reference agencies will have access to it and then only under certain conditions. A director may choose to use his residential address as his service address: in which case the fact that the two addresses are the same will be protected information.
Yes. As from 1 October 2009, any filing of a director’s details will have to include both the director’s usual residential address and, for each directorship, a service address. The service address will be on the public record; the residential address will be protected information, which means that only certain public authorities and credit reference agencies will have access to it and then only under certain conditions. A director may choose to use his residential address as his service address: in which case the fact that the two addresses are the same will be protected information.
A company must get the consent of the director concerned before it uses or discloses his address. The only exceptions are: -
Companies will wish to have regard to this obligation when fulfilling their obligation as regards their members’ inspection of service contracts.
Credit reference agencies will not be able to obtain the usual residential address of any director who is the beneficiary of a valid Confidentiality Order on 30 September 2009 or who has subsequently made a successful application to the Registrar on the grounds that he is: -
As from 1 October 2009, all holders of current Confidentiality Orders will get the higher level of protection under section 243 of the 2006 Act. To ensure a smooth transition, this will be automatic and no further fee will charged.
Anyone will be able to ask to inspect a company’s register of members. And anyone will be able to request a copy. Those making a request will have to give the company information about themselves and the purpose for which they will use the information. If the company does not think the purpose is proper, it may apply to the court for, and the court may grant, an order that the company need not comply with the request.
Annual Returns made up to dates after 30 September 2008 will not be required to include the names and addresses of all the members of companies limited by share capital. Most companies will still be required to include the names of all their members but must not provide addresses. This requirement will apply to all private companies and those public companies that are not traded on regulated markets. Companies traded on regulated markets will be required to include the names and addresses of members who held at least 5 per cent of the issued shares of any class during the period covered by the return. Such companies must not provide the names and addresses of any other members.
If the request for access includes the name and address of the person seeking access and a statement of what the information will be used for, whether it will be shared with anyone else and if so, to whom and for what purpose, then the company, within five working days, must either comply with the request for access or apply to the court to be relieved from the obligation. The court will allow the company not to comply if it is satisfied that the access is not being sought for a proper purpose.
Information in Annual Returns can always be obtained from Companies House. However the only shareholders whose addresses are included in Annual Returns made up to dates from 1 October 2008 are those who hold 5 per cent or more of companies traded on EU regulated markets. Previous Annual Returns were required to include all shareholders' addresses.