Companies Act 2006

246 Putting the address on the public record U.K.

(1) The registrar, on deciding in accordance with section 245 that a director's usual residential address is to be put on the public record, shall proceed as if notice of a change of registered particulars had been given—

(a) stating that address as the director's service address, and

(b) stating that the director's usual residential address is the same as his service address.

(2) The registrar must give notice of having done so—

(a) to the director, and

(b) to the company.

(3) On receipt of the notice the company must—

(a) enter the director's usual residential address in its register of directors as his service address, and

(b) state in its register of directors' residential addresses that his usual residential address is the same as his service address.

[F1 (3A) But—

(a) subsection (3)(a) does not apply if an election under section 167A is in force in respect of the company's register of directors, and

(b) subsection (3)(b) does not apply if an election under section 167A is in force in respect of the company's register of directors' residential addresses.]

(4) If the company has been notified by the director in question of a more recent address as his usual residential address, it must—

(a) enter that address in its register of directors as the director's service address, and

(b) give notice to the registrar as on a change of registered particulars.

[F2 (4A) If an election under section 167A is in force in respect of the company's register of directors, the company must, in place of doing the things mentioned in subsection (4)(a) and (b), deliver the particulars to the registrar in accordance with section 167D.]

(5) If a company fails to comply with subsection (3) [F3 , (4) or (4A)], an offence is committed by—

(a) the company, and

(b) every officer of the company who is in default.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding [F4 one-tenth of level 5 on the standard scale][F4 one-tenth of the greater of £5,000 or level 4 on the standard scale].

(7) A director whose usual residential address has been put on the public record by the registrar under this section may not register a service address other than his usual residential address for a period of five years from the date of the registrar's decision.

Textual Amendments

F1 S. 246(3A) inserted (30.6.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 5 para. 15(a); S.I. 2016/321, reg. 6(c)

F2 S. 246(4A) inserted (30.6.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 5 para. 15(b); S.I. 2016/321, reg. 6(c)

F3 Words in s. 246(5) substituted (30.6.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 5 para. 15(c); S.I. 2016/321, reg. 6(c)

F4 Words in s. 246(6) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 9(8) (with reg. 5(1))

Modifications etc. (not altering text)

C1 Ss. 240-246 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 7 (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C2 Ss. 240-246 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 19 (with Sch. 1 paras. 8-10, 34, 35) (as amended (6.4.2016) by The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (S.I. 2016/340), reg. 1(3), Sch. 3 para. 4 and as amended (30.6.2016) by The Companies and Limited Liability Partnerships (Filing Requirements) Regulations 2016 (S.I. 2016/599), reg. 1, Sch. 1 para. 4)