Directors’ Addresses
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One of the many changes due to come into force from 1st October 2009 under the Companies Act 2006 relates to company director’s addresses.
Companies Act 1985
Under the Companies Act 1985, company directors were required to provide their residential address to Companies House, which then becomes a matter of public record. |
The public availability of directors’ addresses led to some groups, such as animal rights activists and environmentalists, using this information to take direct action against certain company directors.
In response to this, the government legislated for the provision of Confidentiality Orders, whereby a director can give a service address in place of their residential address. An order is applied for on an individual basis by submitting the appropriate forms to Companies House, giving reasons why they think that they are at serious risk of violence and intimidation. Companies House refers the matter to the police for their risk assessment.
Even if a Confidentiality Order is granted, historical records showing the director’s address will not be erased.
Companies Act 2006
Under the new 2006 Act, every director will have to provide Companies House with a service address, and a residential address that will be classed as protected information.
The service address will be publicly available and the residential address will not.
The residential address will only be made available to public authorities and credit reference agencies.
Directors who have the benefit of an existing Confidentiality Order or who can show that they are at serious risk of violence or intimidation can apply to have their residential address withheld from credit reference agencies.
Directors who wish not to disclose their residential address will usually give the company’s registered office as their service address.
From the 1 October 2009, directors’ current residential addresses will become their service address. Directors will be able to change their service address through Companies House’s website.
Also from the 1 October, a company will be required to maintain its own confidential register of directors’ residential addresses in addition to the register of directors (which is publicly available). If a director’s residential address is the same as his or her service address, the register need only state that.
Companies must notify Companies House with 14 days of any changes to a director’s residential or service address.
Companies House are currently in the process of deciding how historical information relating to directors addresses will be handled.
For more information, please contact Shane Morris (scm@silvermansherliker.co.uk) or
call +44 (0)20 7749 2700. |
