Recent changes to the Companies Act 2006 through The Companies (Disclosure of Address) (Amendment) Regulations 2018 have made it much simpler now to remove the home address from public record. This applies to company directors and others such as secretaries, people with significant control (PSC) and LLP members, whose home address is publicly available on company documents. A record will still be held but will not be on public record.
The legislation
Section 1088 of the Companies Act 2006, and regulations 9 to 11 of The Companies (Disclosure of Address) Regulations 2009 (as amended by The Companies (Disclosure of Address) (Amendment) Regulations 2018), allows the registrar of companies to remove an address which has been placed on the register from public inspection.
What has changed?
Initially, The Companies (Disclosure of Address) Regulations 2009 outlined the criteria and process of how an individual may apply for his residential address to be removed from public records. Regulations 2018, effective from 25 April 2018, has amended the previous regulations by:
- providing more individual categories the opportunity to make an application for the removal of their home address:
– as a proposed member or member of a Societas Europaea
– as a member or former member. Prior to this, members could apply only for the documents delivered on or after 1 January 2003. - removing a statement of the grounds on which application could be made and supporting evidence. Previously individuals had to provide the evidence with their application, stating why their residential address should be removed from the public records; and
- the fact that the registrar will no longer be making a determination on certain applications.
An application can be made by:
- an individual to remove an address from the register
- a company to remove the addresses of its members or former members
- a person who registers a charge to remove an address delivered for the purpose of registering the charge.
Practical considerations
Since the launch of Companies’ House beta service from 2015, it is very easy to access any UK company and its related people information. Some practical thoughts should be considered before applying:
- Section 1088 is for the removal of the address which is placed on the register in the individual’s capacity. Hence if the company has/had its registered office at a director’s home address, it will be still visible on public records in filing history. So, the change might sound tempting to apply for straightaway, but is it actually for you?
- There is an application fee of £55 for each document to be suppressed.
- An alternative address will have to be provided to Companies House for current appointments for correspondence purposes. This will replace the home address on the public register.
For detailed Companies House guidance, click here.
Article from ACCA In Practice