- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/07/2017)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 26/10/2023
Point in time view as at 31/07/2017.
Companies Act 2006, Cross Heading: Supplementary is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If—
(a)the name of any person is, without sufficient cause, entered in or omitted from a company's register of members, or
(b)default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be a member,
the person aggrieved, or any member of the company, or the company, may apply to the court for rectification of the register.
(2)The court may either refuse the application or may order rectification of the register and payment by the company of any damages sustained by any party aggrieved.
(3)On such an application the court may decide any question relating to the title of a person who is a party to the application to have his name entered in or omitted from the register, whether the question arises between members or alleged members, or between members or alleged members on the one hand and the company on the other hand, and generally may decide any question necessary or expedient to be decided for rectification of the register.
(4)In the case of a company required by this Act to send a list of its members to the registrar of companies, the court, when making an order for rectification of the register, shall by its order direct notice of the rectification to be given to the registrar.
No notice of any trust, expressed, implied or constructive, shall be entered on the register of members of a company registered in England and Wales or Northern Ireland, or be receivable by the registrar.
The register of members is prima facie evidence of any matters which are by this Act directed or authorised to be inserted in it [F1, except for any matters of which the central register is prima facie evidence by virtue of section 128H].
Textual Amendments
F1Words in s. 127 inserted (30.6.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 5 para. 14; S.I. 2016/321, reg. 6(c)
(1)Liability incurred by a company—
(a)from the making or deletion of an entry in the register of members, or
(b)from a failure to make or delete any such entry,
is not enforceable more than ten years after the date on which the entry was made or deleted or, as the case may be, the failure first occurred.
(2)This is without prejudice to any lesser period of limitation (and, in Scotland, to any rule that the obligation giving rise to the liability prescribes before the expiry of that period).
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