Part 10U.K.A company's directors

Modifications etc. (not altering text)

C1Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

Chapter 8U.K.Directors' residential addresses: protection from disclosure

246Putting the address on the public recordU.K.

[F1(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.

[F2(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.

[F3(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) [F4, (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 [F5one-tenth of level 5 on the standard scale][F5one-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.]

[F1(1)If the registrar decides in accordance with section 245 that a director‘s usual residential address is to be put on the public record, the registrar must proceed as if each relevant company had given notice under section 167H—

(a)stating a change in the director’s service address, and

(b)stating the director’s usual residential address as their new service address.

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

(a)to the director, and

(b)to every relevant company.

(3)The notice must state the date of the registrar’s decision to put the director’s usual residential address on the public record.

(4)Where a director’s usual residential address has been put on the public record by the registrar under this section, for the period of five years beginning with the date of the registrar’s decision no service address may be registered for the director other than their usual residential address (but see subsection (5)).

(5)Subsection (4)—

(a)does not limit the service address that may be registered for the director under regulations under section 1097B (rectification of register), and

(b)ceases to apply in relation to the director if a new service address is registered for the director under those regulations.

(6)In this section “relevant company” means each company given notice under section 245(2)(b).]

Textual Amendments

F1S. 246 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. 45, 219(1)(2)(b)

Modifications etc. (not altering text)

C3Ss. 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)