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A cloak of secrecy.

Jolly Roger | 10.09.2009 10:02

From 1 October 2009, company directors will be able to hide their personal information.

The Companies Act is being amended by a Statutory Instrument coming into force on 1 October 2009. This will allow company directors to keep their personal details out of the Company Register and their company accounts.

The grounds for them to do this are a risk of serious violence, or intimidation,or for a person living at the address with them. This will allow them to apply to keep addresses etc secret.

There is supposed to be a need to have a genuine risk and not a vague possibility of them being harassed.

This will allow people to hide and keep personal details out of the public eye.

Will the Company Registrar monitor this closely? Will they be allowed to use this without any checks?

It is a dangerous step and I suspect that very many crooked, dodgy, company directors will be grinning at the prospect. Then there are those who should be named and shamed.

Jolly Roger

Comments

Hide the following 4 comments

But nonetheless

10.09.2009 11:54

But nonetheless you seem think it is important that you keep your name and contact details secret so that you can more easily conduct your campaign of, presumably, 'naming and shaming' those people who offend you.

Sad Roger


From the Horses Mouth...

10.09.2009 14:10

Directors Service Addresses

From 1st October 2009 every director must provide Companies House with both their usual residential address, and for each directorship they hold, a service address. The service address will be on the public record and will be public information but the residential address will be protected information. A director can choose any address as the service address including the registered office address of the company. The address must be where documents can be delivered and an acknowledgement or receipt can be provided if required. The address can not be a PO Box or a DX number. If the director chooses to use his residential address as the service address the fact that the two addresses are the same would not be apparent from the public record.

The residential address will only be available to prescribed regulatory authorities such as the police and HMRC, and it may also be made available to Credit Reference Agencies.

What does the introduction of service address mean for directors?

Directors will be able to file a service address for the public record. This address can be the same as the residential address, or the registered office address, or it can be somewhere different. This will be introduced from 1st October 2009.

Will directors still have to provide their residential address to Companies House?

Yes. Every director must provide both their usual residential address and, for each directorship, a service address. The service address will be on the public record; the residential address will be protected information. A director may choose to use his residential address as his service address; in which case the fact that the two addresses are the same will not be apparent form the public record.

Will a payment be required for directors who wish to file a service address?

No. When service addresses are introduced they will be free.

Who will be able to obtain a directors’ residential address from Companies House and why?

The following will be able to obtain directors residential addresses:

* Specified Public Authorities for carrying out their public functions.
* Credit reference agencies for vetting applications for credit and associated work and to meet the obligations in the Money Laundering Regulations. Vulnerable directors will be able to apply to the Registrar for their addresses not to be provided to credit reference agencies.

Which directors’ addresses will not be provided to credit reference agencies?

Credit Reference agencies will not be able to obtain the usual residential address of any director who is the beneficiary of a valid Confidentiality Order on 30 September 2009 or who has made a successful application to the Registrar on the grounds that he is:

* at serious risk of violence or intimidation as a result of the activities of a company of which he is a director;
* or has been, employed by the police or security services;
* providing, or has provided, goods or services to the police or security services.

Does the legislation relating to service addresses allow a ban of up to 5 years if the address was found to be ineffective?

Yes, if the service address is ineffective the Registrar does have the power to ban the use of this address and to place the usual residential address on the public register.

If a company is in default, will any letter addressed to the directors go to the Service Address or residential address?

Letters will be sent to the Service Address initially.

Will Companies House still register ‘Confidentiality Orders’ for directors under severe threat, as well as the service address option?

Confidentiality Orders will cease on implementation of the Act on 1st October 2009. Any Confidentiality Order application received on or before 30 September 2009 will be dealt with but any applications received after that date will be rejected for the new form.

As residential addresses are no longer required for the public record, will confidentiality orders need to be renewed?

Only directors whose confidentiality order expires before 1st October will need to renew their order. Those who have an unexpired confidentiality order on the 1 October 2009 will be treated as if they had made a successful application under 243.

From 1st October 2009 if a director is at risk of harm they will be able to apply under Section 243(5) for their usual residential address not to be disclosed to Credit Reference Agencies.

Fact Checker
- Homepage: http://www.companieshouse.gov.uk/companiesAct/implementations/oct2009.shtml#directorsserviceaddresses


Animal abusers have done this for years

12.09.2009 01:13

I'm not sure if there was a previous law just for animal abusers, but I know they have been able to hide their home addresses on Companies House public records for years. This was because so many of them had attacks on their homes from animal rights activists.

The good news is you can still look back at old records which may have their real addresses on.

Company directors tend to be in several companies, even if they are just resident associations or personal companies just for tax dodge reasons. So they may hide their address on the controversial company but not the other ones.

Also, as our society is more and more destroying privacy, information will always leak out about them. Sure they have files on us ordinary people, but it goes the other way too.

vegan


Even before it was legal.

12.09.2009 12:46

Directors of animal abuse companies were doing this long before they had a legal right to do so. For example, HLS and B&K directors were notorious for hiding behind their registered office address though it never stopped us from tracking them down. After all, this is a small island with nowhere to hide as there is always someone who knows where you live who is willing to pass on the information.

NP