Part 35The registrar of companies
Correction or removal of material on the register
F11095Rectification of register on application to registrar
(1)
The Secretary of State may make provision by regulations requiring the registrar, on application, to remove from the register material of a description specified in the regulations that—
(a)
derives from anything invalid or ineffective or that was done without the authority of the company, or
(b)
is factually inaccurate, or is derived from something that is factually inaccurate or forged.
(2)
The regulations may make provision as to—
(a)
who may make an application,
(b)
the information to be included in and documents to accompany an application,
(c)
the notice to be given of an application and of its outcome,
(d)
a period in which objections to an application may be made, and
(e)
how an application is to be determined.
(3)
An application must—
(a)
specify what is to be removed from the register and indicate where on the register it is, and
(b)
be accompanied by a statement that the material specified in the application complies with this section and the regulations.
(4)
If no objections are made to the application, the registrar may accept the statement as sufficient evidence that the material specified in the application should be removed from the register.
F2(4A)
Subsections (4B) and (4C) apply, in place of subsection (4), in a case where—
(a)
the material specified in the application is material naming a person—
(i)
in a statement of a company's proposed officers as a person who is to be a director of the company, or
(ii)
in a notice given by a company under section 167 or 167D as a person who has become a director of the company, and
(b)
the application is made by or on behalf of the person named and is accompanied by a statement that the person did not consent to act as director of the company.
(4B)
If the company provides the registrar with the necessary evidence within the time required by the regulations, the registrar must not remove the material from the register.
(4C)
If the company does not provide the registrar with the necessary evidence within that time—
(a)
the material is conclusively presumed for the purposes of this section to be derived from something that is factually inaccurate, and
(b)
the registrar must accept the applicant's statement as sufficient evidence that the material should be removed from the register.
(4D)
“The necessary evidence” is—
(a)
evidence sufficient to satisfy the registrar that the person did consent to act as director of the company, plus
(b)
a statement by the company that the evidence provided by it is true and is not misleading or deceptive in any material particular.
(5)
Where anything is removed from the register under this section the registration of which had legal consequences as mentioned in section 1094(3), any person appearing to the court to have a sufficient interest may apply to the court for such consequential orders as appear just with respect to the legal effect (if any) to be accorded to the material by virtue of its having appeared on the register.
(6)
Regulations under this section are subject to affirmative resolution procedure.