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The Companies (Disclosure of Address) Regulations 2009

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[F1Application under section 1088 to make an address unavailable for public inspection by an individualU.K.

This section has no associated Explanatory Memorandum

9.(1) Where an individual’s usual residential address is on the register, that individual may make a section 1088 application in respect of that address, where that address was placed on the register in the individual’s capacity as—

(a)a proposed director or director or manager under—

(i)section 10 (documents to be sent to registrar), 288 (register of directors and secretaries), 363 (duty to deliver annual returns), 686 (other requirements for registration), 691 (documents to be delivered to registrar) or 692 (registration of altered particulars) of, or paragraph 2 of Schedule 21A (branch registration under the eleventh company law directive (89/666/EEC)) to, the 1985 Act,

(ii)article 21 (documents to be sent to registrar), 296 (register of directors and secretaries), 371 (duty to deliver annual returns), 635 (other requirements for registration), 641 (documents to be delivered to registrar) or 642 (registration of altered particulars) of, or paragraph 2 of Schedule 20A (branch registration under the eleventh company law directive (89/666/EEC)) to, the 1986 Order,

(iii)section 855 (contents of annual return: general),

(iv)section 12 (statement of proposed officers), 167 (duty to notify registrar of changes) or 167D (duty to notify registrar of changes), or regulations made under sections 1040 (companies authorised to register under this Act) or 1046 (duty to register particulars),

(v)regulation 83 (registration of a public company by the conversion of an SE) of the Northern Ireland SEs Regulations,

(vi)regulation 85 (registration of a public company by the conversion of an SE) of the SEs Regulations;

(b)a permanent representative under Schedule 21A to the 1985 Act, Schedule 20A to the 1986 Order or regulations made under section 1046;

(c)a proposed secretary or secretary under—

(i)section 10, 288, 363, 691 or 692 of, or paragraph 2 of Schedule 21A to, the 1985 Act,

(ii)article 21, 296, 371, 641 or 642 of, or paragraph 2 of Schedule 20A to, the 1986 Order,

(iii)section 855,

(iv)section 12, 95 (statement of proposed secretary), 276 (duty to notify registrar of changes), 279A (right to make an election) or 279D (duty to notify registrar of changes), or regulations made under sections 1040 or 1046,

(v)regulation 83 of the Northern Ireland SEs Regulations,

(vi)regulation 85 of the SEs Regulations;

(d)a proposed member or member of a Societas Europaea [F2or a member of a United Kingdom Societas] under—

(i)regulation 79 (register of members of supervisory organ) of the old SEs Regulations,

(ii)regulations 5 to 10 (registration of an SE) or 77 (register of members of supervisory organ) of the Northern Ireland SEs Regulations,

(iii)regulations 5 to 10 (registration of an SE) or 80C (duty to notify registrar of changes) of the SEs Regulations;

(e)a registrable person under—

(i)regulations 5 to 10 or 85 of the SEs Regulations,

(ii)section 9 (registration documents), 853I (duty to deliver information about people with significant control) or any obligation in Part 21A (information about people with significant control);

(f)a subscriber under—

(i)section 10 of the 1985 Act,

(ii)article 21 of the 1986 Order,

(iii)section 9 or regulations made under section 1040,

or any other obligation to file a memorandum of association;

(g)as a member or former member under—

(i)section 88 (return as to allotments, etc.), 684 (requirements for registration by joint stock companies) or 363 of the 1985 Act,

(ii)article 98 (return as to allotments, etc.), 633 (requirements for registration by joint stock companies) or 371 of the 1986 Order,

(iii)section 854 (duty to deliver annual returns) or regulations made under section 1040,

(iv)128B (right to make an election), 128E (duty to notify registrar of changes) or 853G (duty to deliver shareholder information: certain traded companies),

or any other obligation to file with the registrar an annual return or a return of allotment of shares;

(2) The application must contain—

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

(b)the usual residential address of the applicant that is to be made unavailable for public inspection;

(c)an address for correspondence in respect of the application;

(d)the name and registered number of each company in respect of which the applicant has indicated in the application that the applicant’s usual residential address was placed on the register;

(e)in respect of each company falling within sub-paragraph (d)—

(i)the name of the document in which that usual residential address appears on the register,

(ii)where that document is a form, the number and title of the form, and

(iii)the registration date of that document;

(f)where the application includes a company which is required to maintain a current address for the applicant on the register, the service address which is to replace the usual residential address;

(g)the date of birth of the applicant; and

(h)where the registrar has allotted a unique identifier to the applicant, that unique identifier.]

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