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Version Superseded: 04/01/2024
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Companies Act 2006, Section 1139 is up to date with all changes known to be in force on or before 27 November 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)A document may be served on a company registered under this Act by leaving it at, or sending it by post to, the company's registered office.
[F1(2)A document may be served on an overseas company whose particulars are registered under section 1046—
(a)by leaving it at, or sending it by post to, the registered address of any person resident in the United Kingdom who is authorised to accept service of documents on the company's behalf, or
(b)if there is no such person, or if any such person refuses service or service cannot for any other reason be effected, by leaving it at or sending by post to any place of business of the company in the United Kingdom.
(3)For the purposes of this section a person's “registered address” means any address for the time being shown as a current address in relation to that person in the part of the register available for public inspection.]
[F1(2)A document may be served on an overseas company whose particulars are registered under section 1046—
(a)by leaving it at, or sending it by post to, the company’s registered address, or
(b)by leaving it at, or sending it by post to, the registered address of any person resident in the United Kingdom who is authorised to accept service of documents on the company’s behalf.
(3)In subsection (2) “registered address”—
(a)in relation to the overseas company, means the address for the time being registered for the company under regulations under section 1048A(1)(a);
(b)in relation to a person other than the overseas company, means any address for the time being shown as a current address in relation to that person in the part of the register available for public inspection.]
(4)Where a company registered in Scotland or Northern Ireland carries on business in England and Wales, the process of any court in England and Wales may be served on the company by leaving it at, or sending it by post to, the company's principal place of business in England and Wales, addressed to the manager or other head officer in England and Wales of the company.
Where process is served on a company under this subsection, the person issuing out the process must send a copy of it by post to the company's registered office.
(5)Further provision as to service and other matters is made in the company communications provisions (see section 1143).
Textual Amendments
F1S. 1139(2)(3) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 100(3), 219(1)(2)(b)
Modifications etc. (not altering text)
C1S. 1139 modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 6(1)(4)
C2Ss. 1139-1142 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 75
C3S. 1139 applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 27, Sch. 6 Pt. 2 para. 5(4)
C4S. 1139 modified (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 para. 5(c) (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 21(7)(b))
C5S. 1139(1)(4) applied (6.4.2007) by The Companies Acts (Unregistered Companies) Regulations 2007 (S.I. 2007/318), reg. 3, Sch. (with reg. 6)
C6S. 1139(2) applied (E.W.) (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rule 1, Sch. 4 para. 1(4) (with rule 3(3), Sch. 2)
Commencement Information
I1S. 1139 wholly in force at 1.10.2009; s. 1139 not in force at Royal Assent see s. 1300; s. 1139 in force for specified purposes at 6.4.2007 by S.I. 2007/1093, art. 2(2)(e) (with art. 11(1) and subject to transitional adaptations in Sch. 1 para. 5); s. 1139 in force for further specified purposes at 6.4.2008 by S.I. 2007/3495, art. 3(3)(h) (with savings in arts. 7, 12); s. 1139 in force otherwise at 1.10.2009 by S.I. 2008/2860, art. 3(t) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)
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