The Companies (Disclosure of Address) Regulations 2009

PART 2 U.K. DISCLOSURE OF PROTECTED INFORMATION

Permitted disclosure by the registrar to specified public authorities U.K.

2.—(1) The registrar may disclose protected information to a specified public authority where the conditions specified in paragraphs 2 and 3 of Schedule 2 are satisfied.

(2) A specified public authority shall deliver to the registrar such information or evidence as he may direct for the purpose of enabling him to determine in accordance with these Regulations whether to disclose protected information.

(3) The registrar may require such information or evidence to be verified in such manner as he may direct.

(4) The specified public authority must inform the registrar immediately of any change in respect of any statement delivered to the registrar pursuant to Schedule 2 or information or evidence provided for the purpose of enabling the registrar to determine whether to disclose protected information.

(5) The public authorities specified for the purposes of section 243(2) are set out in Schedule 1 to these Regulations.

Permitted disclosure by the registrar to credit reference agencies U.K.

3.—(1) Subject to regulation 4, the registrar may disclose protected information to a credit reference agency where the conditions specified in paragraphs 6 to 10 of Schedule 2 are satisfied.

(2) The registrar may rely on a statement delivered to him by a credit reference agency under paragraph 10 of Schedule 2 as sufficient evidence of the matters stated in it.

(3) Notwithstanding paragraph (2), a credit reference agency shall deliver to the registrar such information or evidence in addition to the statement required by paragraph 10 of Schedule 2 as he may direct for the purpose of enabling him to determine in accordance with these Regulations whether to disclose protected information.

(4) The registrar may require such information or evidence to be verified in such manner as he may direct.

(5) The credit reference agency must inform the registrar immediately of any change in respect of any statement delivered to the registrar pursuant to Schedule 2 or information or evidence provided for the purpose of enabling the registrar to determine whether to disclose protected information.

Registrar to refrain from disclosure of protected information U.K.

4.  The registrar shall refrain from disclosing protected information to a credit reference agency if such information relates to a section 243 beneficiary or a section 243 applicant.

Application under section 243 by an individual U.K.

5.—(1) A section 243 application may be made to the registrar by an individual who is, or proposes to become, a director.

(2) The grounds on which an application under paragraph (1) may be made are that the individual making the application—

(a) [F1 reasonably believes] that there is a serious risk that he, or a person who lives with him, will be subjected to violence or intimidation as a result of the activities of at least one of—

(i) the companies of which he is, or proposes to become, a director;

(ii) the companies of which he was a director;

[F2 (iia) the companies of which that individual is, or proposes to become, a registrable person;

(iib) the companies of which that individual used to be a registrable person;]

(iii) the overseas companies of which he is or has been a director, secretary or permanent representative; or,

(iv) the limited liability partnerships of which he is or has been a member; F3 ...

[F4 (v) the limited liability partnerships of which that individual proposes to become a member;

(vi) the limited liability partnerships of which that individual is, or proposes to become, a registrable person under Part 21A of the Act as applied to LLPs by the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016; or

(vii) the limited liability partnerships of which that individual used to be a registrable person under Part 21A of the Act as applied to LLPs by the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016.]

(b) is or has been employed by a relevant [F5 organisation; or

(c) is the subject of an application made under regulation 25, 26 or 27 of the 2016 Regulations which has been determined by the registrar in favour of the applicant and that determination has not ceased to have effect under regulation 31 of those Regulations.]

(3) The application shall—

(a) contain—

(i) a statement of the grounds on which the application is made;

(ii) the name and any former name of the applicant;

(iii) the date of birth of the applicant;

(iv) the usual residential address of the applicant;

[F6 (iva) the e-mail address of the applicant, if any;]

(v) where the registrar has allocated a unique identifier to the applicant, that unique identifier;

(vi) the name and registered number of each company of which the applicant is, or proposes to become, a director;

[F7 (via) the name and registered number of each company of which the applicant is, or proposes to become, a registrable person;]

(vii) where the grounds of the application are those described in paragraph [F8 (2)(a)(ii), (iia), (iib), (iii) or (iv)], the name and registered number of the company, overseas company or limited liability partnership; F9 ...

[F10 (viii) where the grounds of the application are those described in paragraph (2)(c), the name and registered number of the company in relation to which the determination was made, unless the determination relates to a proposed company which was never incorporated; and]

[F11 (b) where the grounds of the application are those described in paragraph (2)(a) or (2)(b), be accompanied by evidence which supports the applicant's statement of the grounds on which the application is made.]

(4) The registrar may refer to a relevant body any question relating to an assessment of—

(a) where the grounds of the application are those described in paragraph (2)(a), the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to himself, or to a person who lives with him; or

(b) where the grounds of the application are those described in paragraph (2)(b), whether the applicant is or has been employed by a relevant organisation.

[F12 (5) The registrar must determine the application and, within 7 days beginning with the date that the determination is made, send to the applicant notice of the determination.

(6) Where the application is unsuccessful, the notice under paragraph (5) must inform the applicant of the applicant's right to apply for permission to appeal against the determination within 28 days beginning with the date of the notice.]

Textual Amendments

F1 Words in reg. 5(2)(a) substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(2)(a)

F2 Reg. 5(2)(a)(iia)(iib) inserted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(2)(b)

F3 Word in reg. 5(2)(a)(iv) omitted (6.4.2016) by virtue of The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(2)(c)

F4 Reg. 5(2)(a)(v)-(vii) inserted (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. 8

F5 Reg. 5(2)(c) and words substituted for word (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(2)(d)

F6 Reg. 5(3)(a)(iva) inserted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(a)

F7 Reg. 5(3)(a)(via) inserted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(b)

F8 Words in reg. 5(3)(a)(vii) substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(c)

F9 Word in reg. 5(3)(a)(vii) omitted (6.4.2016) by virtue of The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(d)

F10 Reg. 5(3)(a)(viii) inserted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(e)

F11 Reg. 5(3)(b) substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(3)(f)

F12 Reg. 5(5)(6) substituted for reg. 5(5) (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 3(4)

[F13 Application under section 243 by a company U.K.

6.— (1) A company (“the applicant”) may make a section 243 application to the registrar relating to an individual (“D”) who is, or proposes to become, a director of the company.

(2) A company may only make an application under paragraph (1) where D has given consent for the company to make the application on D's behalf.

(3) The grounds on which an application under paragraph (1) may be made are that—

(a) the applicant reasonably believes that there is a serious risk that D, or a person who lives with D, will be subjected to violence or intimidation as a result of the applicant's activities; or

(b) D is the subject of an application made under regulation 25, 26 or 27 of the 2016 Regulations which has been determined by the registrar in favour of the applicant and that determination has not ceased to have effect under regulation 31 of those Regulations.

(4) Where the grounds of the application are those described in paragraph (3)(b), the application must only relate to one individual who is, or proposes to become, a director of the company.

(5) The application must contain—

(a) a statement of the grounds on which the application is made;

(b) confirmation that D consents to the making of the application;

(c) the name and registered number of the applicant;

(d) the address of the registered office of the applicant;

(e) the e-mail address of the applicant, if any;

(f) the name and any former name of D;

(g) the date of birth of D;

(h) the usual residential address of D;

(i) the e-mail address of D, if any;

(j) where the registrar has allocated a unique identifier to D, that unique identifier;

(k) where D is a director of another company, the name and registered number of that company; and

(l) where the grounds of the application are those described in paragraph (3)(b), the name and registered number of the company in relation to which the determination was made, unless the determination relates to a proposed company which was never incorporated.

(6) Where the grounds of the application are those described in paragraph (3)(a), the application must be accompanied by evidence which supports the applicant's statement of the grounds on which the application is made.

(7) The registrar may refer to a relevant body any question relating to an assessment of the nature or extent of any risk of violence or intimidation.

(8) The registrar must determine the application and, within 7 days beginning with the date that the determination is made, send to the applicant and to D notice of the determination.

(9) Where the application is unsuccessful, the notice under paragraph (8) must inform the applicant of the applicant's right to apply for permission to appeal against the determination within 28 days beginning with the date of the notice.]

Textual Amendments

F13 Regs. 6, 7 substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 4

[F13 Application under section 243 by a subscriber to a memorandum of association U.K.

7.— (1) A subscriber to a memorandum of association (“the applicant”) may make a section 243 application to the registrar relating to an individual (“D”) who proposes to become, on or after the formation of the company to which the memorandum relates, a director of the company.

(2) A subscriber to a memorandum of association may only make an application under paragraph (1) where D has given consent for the subscriber to make the application on D's behalf.

(3) The grounds on which an application under paragraph (1) may be made are that—

(a) the applicant reasonably believes that there is a serious risk that D, or a person who lives D, will be subjected to violence or intimidation as a result of the proposed activities of the proposed company to which the memorandum relates; or

(b) D is the subject of an application made under regulation 25, 26 or 27 of the 2016 Regulations which has been determined by the registrar in favour of the applicant and that determination has not ceased to have effect under regulation 31 of those Regulations.

(4) Where the grounds of the application are those described in paragraph (3)(b), the application must only relate to one individual who proposes to become a director in relation to the proposed company.

(5) The application must contain—

(a) a statement of the grounds on which the application is made;

(b) confirmation that D consents to the making of the application;

(c) the name and any former name of the applicant;

(d) the usual residential address of the applicant;

(e) the e-mail address of the applicant, if any;

(f) the name of the proposed company to which the memorandum relates;

(g) the name and any former name of D;

(h) the date of birth of D;

(i) the usual residential address of D;

(j) the e-mail address of D, if any;

(k) where the registrar has allocated a unique identifier to D, that unique identifier;

(l) where D is a director of another company, the name and registered number of that company; and

(m) where the grounds of the application are those described in paragraph (3)(b), the name and registered number of the company in relation to which the determination was made, unless the determination relates to a proposed company which was never incorporated.

(6) Where the grounds of the application are those described in paragraph (3)(a), the application must be accompanied by evidence which supports the applicant's statement of the grounds on which the application is made.

(7) The registrar may refer to a relevant body any question relating to an assessment of the nature or extent of any risk of violence or intimidation.

(8) The registrar must determine the application and, within 7 days beginning with the date that the determination is made, send to the applicant and to D notice of the determination.

(9) Where the application is unsuccessful, the notice under paragraph (8) must inform the applicant of the applicant's right to apply for permission to appeal against the determination within 28 days beginning with the date of the notice.]

Textual Amendments

F13 Regs. 6, 7 substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 4

Matters relating to a section 243 application U.K.

8.—(1) For the purpose of regulations 5, 6 and 7 the registrar may direct that additional information or evidence should be delivered to him, what such information or evidence should be and how it should be verified.

(2) The registrar shall not make available for public inspection—

(a) any section 243 application; or

(b) any documents provided in support of that application.

(3) For the purpose of determining any section 243 application the registrar may accept any answer to a question referred in accordance with regulation 5(4), [F14 6(7) or 7(7)] as providing sufficient evidence of—

(a) the nature and extent of any risk relevant to—

(i) where the grounds of the application are those described in regulation 5(2)(a), the applicant;

(ii) where the grounds of the application are those described in regulation [F15 6(3)(a)], the directors on behalf of whom the application is made;

(iii) where the grounds of the application are those described in regulation [F16 7(3)(a)], the proposed directors on behalf of whom the application is made,

or to persons who live with any of the above individuals, or

(b) whether an applicant is or has been employed by a relevant organisation.

Textual Amendments

F14 Words in reg. 8(3) substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 5(2)(a)

F15 Word in reg. 8(3)(a)(ii) substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 5(2)(b)

F16 Word in reg. 8(3)(a)(iii) substituted (6.4.2016) by The Register of People with Significant Control Regulations 2016 (S.I. 2016/339), reg. 1(2), Sch. 5 para. 5(2)(c)