Regulation 4 Amendment of Part 3 of the 2009 Regulations

Part 3 of the 2009 Regulations (application to make an address unavailable for public inspection under section 1088) is amended in accordance with this regulation.

For regulation 9 substitute—

“Application under section 1088 to make an address unavailable for public inspection by an individual

9.

(1)

Where an individual’s usual residential address is on the register^f1, that individual may make a section 1088 application^f2 in respect of that address, where that address was placed on the register in the individual’s capacity as—

(a)

a proposed director or director or manager under—

(i)

section 10 (documents to be sent to registrar)^f3, 288 (register of directors and secretaries)^f4, 363 (duty to deliver annual returns)^f5, 686 (other requirements for registration)^f6, 691 (documents to be delivered to registrar)^f7 or 692 (registration of altered particulars)^f8 of, or paragraph 2 of Schedule 21A (branch registration under the eleventh company law directive (89/666/EEC))^f9 to, the 1985 Act,

(ii)

article 21 (documents to be sent to registrar)^f10, 296 (register of directors and secretaries)^f11, 371 (duty to deliver annual returns)^f12, 635 (other requirements for registration)^f13, 641 (documents to be delivered to registrar)^f14 or 642 (registration of altered particulars)^f15 of, or paragraph 2 of Schedule 20A (branch registration under the eleventh company law directive (89/666/EEC))^f16 to, the 1986 Order,

(iii)

section 855 (contents of annual return: general)^f17,

(iv)

section 12 (statement of proposed officers)^f18, 167 (duty to notify registrar of changes) or 167D (duty to notify registrar of changes)^f19, or regulations made under sections 1040 (companies authorised to register under this Act)^f20 or 1046 (duty to register particulars)^f21,

(v)

regulation 83 (registration of a public company by the conversion of an SE)^f22 of the Northern Ireland SEs Regulations,

(vi)

regulation 85 (registration of a public company by the conversion of an SE)^f23 of the SEs Regulations;

(b)

a permanent representative under Schedule 21A to the 1985 Act, Schedule 20A to the 1986 Order or regulations made under section 1046;

(c)

a proposed secretary or secretary under—

(i)

section 10, 288, 363, 691 or 692 of, or paragraph 2 of Schedule 21A to, the 1985 Act,

(ii)

article 21, 296, 371, 641 or 642 of, or paragraph 2 of Schedule 20A to, the 1986 Order,

(iii)

section 855,

(iv)

section 12, 95 (statement of proposed secretary), 276 (duty to notify registrar of changes), 279A (right to make an election)^f24 or 279D (duty to notify registrar of changes)^f25, or regulations made under sections 1040 or 1046,

(v)

regulation 83 of the Northern Ireland SEs Regulations,

(vi)

regulation 85 of the SEs Regulations;

(d)

a proposed member or member of a Societas Europaea under—

(i)

regulation 79 (register of members of supervisory organ)^f26 of the old SEs Regulations,

(ii)

regulations 5 to 10 (registration of an SE)^f27 or 77 (register of members of supervisory organ)^f28 of the Northern Ireland SEs Regulations,

(iii)

regulations 5 to 10 (registration of an SE)^f29 or 80C (duty to notify registrar of changes)^f30 of the SEs Regulations;

(e)

a registrable person^f31 under—

(i)

regulations 5 to 10 or 85 of the SEs Regulations,

(ii)

section 9 (registration documents), 853I (duty to deliver information about people with significant control)^f32 or any obligation in Part 21A (information about people with significant control)^f33;

(f)

a subscriber under—

(i)

section 10 of the 1985 Act,

(ii)

article 21 of the 1986 Order,

(iii)

section 9 or regulations made under section 1040,

or any other obligation to file a memorandum of association;

(g)

as a member or former member under—

(i)

section 88 (return as to allotments, etc.)^f34, 684 (requirements for registration by joint stock companies)^f35 or 363 of the 1985 Act,

(ii)

article 98 (return as to allotments, etc.)^f36, 633 (requirements for registration by joint stock companies)^f37 or 371 of the 1986 Order,

(iii)

section 854 (duty to deliver annual returns) or regulations made under section 1040,

(iv)

128B (right to make an election)^f38, 128E (duty to notify registrar of changes)^f39 or 853G (duty to deliver shareholder information: certain traded companies)^f40,

or any other obligation to file with the registrar an annual return or a return of allotment of shares;

(2)

The application must contain—

(a)

the name and any former name of the applicant;

(b)

the usual residential address of the applicant that is to be made unavailable for public inspection;

(c)

an address for correspondence in respect of the application;

(d)

the name and registered number of each company in respect of which the applicant has indicated in the application that the applicant’s usual residential address was placed on the register;

(e)

in respect of each company falling within sub-paragraph (d)—

(i)

the name of the document in which that usual residential address appears on the register,

(ii)

where that document is a form, the number and title of the form, and

(iii)

the registration date of that document;

(f)

where the application includes a company which is required to maintain a current address for the applicant on the register, the service address which is to replace the usual residential address;

(g)

the date of birth of the applicant; and

(h)

where the registrar has allotted a unique identifier to the applicant, that unique identifier.”

In regulation 10 (application under section 1088 to make an address unavailable for public inspection by a company)—

In paragraph (1)(a)(i) of regulation 11 (application under section 1088 to make an address unavailable for public inspection by a person who registers a charge), omit “on or after 1st January 2003,”.

In regulation 12 (matters relevant to section 1088 applications)—

For regulation 13 (effect of a successful section 1088 application), substitute—

“Effect of a section 1088 application

13.

(1)

Paragraphs (2) to (4) apply in relation to a section 1088 application made under regulation 9.

(2)

The registrar must make the specified address unavailable for public inspection in the places on the register where the applicant has indicated, in the application, that it appears.

(3)

Where the application relates to an entry concerning a company which is required to maintain a current address for the applicant on the register, the registrar must make the specified address unavailable for public inspection by replacing it with the service address provided by the applicant.

(4)

In any other case the registrar must make the specified address unavailable for public inspection by removing all elements of that address, except—

(a)

for a United Kingdom address—

(i)

the outward code from the postcode, or

(ii)

where the address on the register does not include the outward code from the postcode, any information in that address that denotes a geographical area which is equivalent to or larger than the area represented by the outward code of the postcode which applies to that address; and

(b)

for an address other than a United Kingdom address, the country or territory and the name of the next principal unit of geographical subdivision for that country or territory (e.g. the state, region, province, county, district, municipality or equivalent) if there is one included in that address as it appears on the register.

(5)

Where a section 1088 application has been made under regulation 10(1) and has been determined in favour of the applicant, the registrar must make all of the members’, former members’ or subscribers’ addresses unavailable for public inspection by removing the whole of those addresses.

(6)

Where a section 1088 application has been made under regulation 11(1) and has been determined in favour of the applicant, the registrar must make the specified address unavailable for public inspection by removing the whole address and, where the applicant is the chargee, replacing it with the service address provided by the applicant.

(7)

In this regulation—

• “specified address” means the address specified in the application as being the one to be made unavailable for public inspection; and

• “outward code” means the part of a postcode before the internal space but not the number and letters which come after that space.”.