The Companies (Disclosure of Address) Regulations 2009

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 [F6 or a police force, or is or has been a constable in a police force]; 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;

[F7 (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;

[F8 (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 [F9 (2)(a)(ii), (iia), (iib), (iii) or (iv)], the name and registered number of the company, overseas company or limited liability partnership; F10 ...

[F11 (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]

[F12 (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 [F13 or a police force, or is or has been a constable in a police force].

[F14 (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 Words in reg. 5(2)(b) inserted (26.4.2018) by The Companies (Disclosure of Address) (Amendment) Regulations 2018 (S.I. 2018/528), regs. 1(1), 3(2) (with reg. 8)

F7 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)

F8 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)

F9 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)

F10 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)

F11 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)

F12 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)

F13 Words in reg. 5(4)(b) inserted (26.4.2018) by The Companies (Disclosure of Address) (Amendment) Regulations 2018 (S.I. 2018/528), regs. 1(1), 3(2) (with reg. 8)

F14 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)