The Companies (Forms) (Amendment) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

With effect from 2nd April 2002, these Regulations

(i) create a new form 723SR for the purposes of both section 10(2A) and section 288(2) of the Companies Act 1985 and a new form 723(change) for the purposes of section 288(2),

(ii) prescribe amended forms as follows:

(a) forms 10, 288a and 288c, and 363a for the purposes of sections 10(2), 288(2) and 363(2) of the Companies Act 1985 respectively,

(b) forms 691 and 692(1)(b) for the purposes of sections 691(1)(b), and 692(1) and 692(1B) of the Companies Act 1985 respectively,

(c) form BR1 for the purpose of paragraph 1 of Schedule 21A to the Companies Act 1985, and

(d) forms BR4 and BR6 for the purposes of both paragraph 7(1) and paragraph 9(2) of Schedule 21A to the Companies Act 1985;

(iii) provide for the continued use as alternatives to the forms referred to in paragraphs (i) and (ii) of the following forms: form 10 (prescribed by the Companies (Forms) (Amendment) Regulations 1995), forms 363a and 363s (prescribed by the Companies (Forms) (Amendment) Regulations 1999), forms 691, BR1, BR4 and BR6 (prescribed by the Companies (Forms) (Amendment) Regulations 1992), and form 692(1)(b) (prescribed by the Companies (Forms Amendment No. 2 and Company’s Type and Principal Business Activities) Regulations 1990).

The forms referred to in paragraph (i) above allow directors who have obtained a Confidentiality Order under section 723B(3) of the Companies Act 1985 and The Companies (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002 to notify, respectively, particulars of their usual residential address and particulars of a change in their usual residential address. This information will then be held in the secure register to be maintained under the Regulations.

The amended forms referred to in paragraph (ii) take account of the fact that a director who has obtained a Confidentiality Order may, in accordance with the Regulations, on those forms give particulars of a service address rather than of a usual residential address. These forms must be used where the director of a company is the beneficiary of a Confidentiality Order made under section 723B of the Companies Act 1985.

The forms referred to in paragraph (iii) are retained as alternatives which may be used in all circumstances except where the director of a company or member of a limited liability partnership in question is the beneficiary of a Confidentiality Order made under section 723B of the Companies Act 1985.