Modification of the Companies (Disclosure of Address) Regulations 20091088

1

The provisions of the Companies (Disclosure of Address) Regulations 2009 M1 set out in subsection (2) apply with respect to applications to the registrar to make an address unavailable for public inspection, with the modifications specified in subsection (3).

2

The provisions referred to in subsection (1) are—

a

Part 3 (application to make an address unavailable for public inspection under section 1088);

b

Part 4 (matters relating to applications under section 1088); and

c

any other provisions of the Regulations having effect for the purposes of those provisions.

3

Those provisions apply with the following modifications—

a

in regulation 1(2) for the definition of “former name” substitute—

“former name” means a name by which the individual was formerly known and which has been notified to the registrar under section 8A(5) of the Limited Partnerships Act 1907 or under Part 5 of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017;

b

for F2regulation 9 (application under section 1088 to make an address unavailable for public inspection by an individual) substitute—

F49

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, in the individual’s capacity as a registrable person, that address was placed on the register either—

a

as a service address in a statement of initial significant control delivered to the registrar under section 8A of the Limited Partnerships Act 1907, or

b

as a service address included in the required particulars of a registrable person delivered to the registrar to comply with an obligation in Part 5 of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017.

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 eligible Scottish partnership 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 eligible Scottish partnership 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 an eligible Scottish partnership 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; and

g

the date of birth of the applicant.

c

omit regulations F610, 11 and 12;

F5d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

for regulation 13 (effect of a successful section 1088 application) substitute—

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1

This regulation applies in relation to a section 1088 application made under regulation 9.

2

The registrar must make the specified address unavailable for public inspection in the places on the register where the applicant has indicated, in the application, that it appears.

3

Where the application relates to an entry concerning an eligible Scottish partnership which is required to maintain a current address on the register for the applicant, the registrar must make the specified address unavailable for public inspection by replacing it with the service address provided by the applicant.

4

In any other case, the registrar must make the specified address unavailable for public inspection by removing all elements of that address except—

a

for a United Kingdom address—

i

the outward code from the postcode, or

ii

where the address on the register does not include the outward code from the postcode, any information in that address that denotes a geographical area which is equivalent to or larger than the area represented by the outward code of the postcode which applies to that address; and

b

for an address other than a United Kingdom address, the country or territory and the name of the next principal unit of geographical subdivision of that country or territory (e.g. the state, region, province, county, district, municipality or equivalent) if there is one included in that address as it appears on the register.

5

In this regulation—

• “specified address” means the address specified in the application as being the one to be made unavailable for public inspection; and

• “outward code” means the part of a postcode before the internal space but not the number and letters which come after that space.

F1i

omit regulations 14 to 16.