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Companies Act 2006

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 11(1) by S.I. 2013/1971 reg. 9(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)
  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 3(4) by S.I. 2013/1971 reg. 4 (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 156A-156C inserted by 2015 c. 26 s. 87(4)
  • s. 479A(2)(c)(zi) inserted by S.I. 2019/177 reg. 4(b)(i) (This amendment not applied to legislation.gov.uk. Reg. 4 substituted by regs. 4, 4A immediately before IP completion day by S.I. 2019/1392, regs. 1(2), 4)
  • s. 1110E-110G applied by S.I. 2009/1804, reg. 60 (as amended) by S.I. 2024/234 reg. 26
  • s. 11989A applied (with modifications) by S.I. 2009/1804, reg. 79A (as inserted) by S.I. 2024/234 reg. 46
  • Sch. 10 para. 6(2D) inserted by S.I. 2019/177 reg. 28(e) (This amendment not applied to legislation.gov.uk. Reg. 28(e) omitted immediately before IP completion day by virtue of S.I. 2020/523, regs. 1(2), 14(e)(iv))
  • Sch. 10 para. 7(2A) inserted by S.I. 2019/177 reg. 29(b) (This amendment not applied to legislation.gov.uk. Reg. 29 substituted immediately before IP completion day by S.I. 2020/523, regs. 1(2), 14(f))

Inspection etc of the registerU.K.

1085Inspection of the registerU.K.

(1)Any person may inspect the register.

(2)The right of inspection extends to the originals of documents delivered to the registrar in hard copy form if, and only if, the record kept by the registrar of the contents of the document is illegible or unavailable.

The period for which such originals are to be kept is limited by section 1083(1).

[F1(3)This section has effect subject to section 1087 (material not available for public inspection) [F2and section 1087ZA (required particulars available for public inspection for limited period)].]

[F1(3)This section has effect subject to—

  • sections 64(6A), 67(1A), 73(7), 75(4A), 76(5B), 76A(9) and 76B(9) (which confer powers to suppress a company’s name that it has been directed or ordered to change);

  • section 1084(1A) (records relating to dissolved companies etc);

  • section 1087 (material not available for public inspection).]

Textual Amendments

F1S. 1085(3) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 88, 219(1)(2)(b)

Modifications etc. (not altering text)

C2S. 1085 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(b) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C3S. 1085 applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

C7Ss. 1085-1091: power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)

Commencement Information

I1S. 1085 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1086Right to copy of material on the registerU.K.

(1)Any person may require a copy of any material on the register [F3that is available for public inspection].

(2)The fee for any such copy of material derived from [F4an enhanced disclosure document] (see section 1078), whether in hard copy or electronic form, must not exceed the administrative cost of providing it.

[F5(3)This section has effect subject to section 1087 (material not available for public inspection) [F6and section 1087ZA (required particulars available for public inspection for limited period)].]

Textual Amendments

F3Words in s. 1086(1) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 89(2)(a), 219(1)(2)(b)

F5S. 1086(3) omitted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 89(2)(b), 219(1)(2)(b)

Modifications etc. (not altering text)

C7Ss. 1085-1091: power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)

C8S. 1086 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 19(4)(e)}

C9S. 1086 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 12(6)(c)}

C10S. 1086 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(b) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C11S. 1086(1)(3) applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

Commencement Information

I2S. 1086 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1087Material not available for public inspectionU.K.

(1)The following material must not [F7, so far as it forms part of the register,] be made available by the registrar for public inspection—

[F8(za)an email address delivered to the registrar under—

(i)section 9(5)(aa) or 88B (initial registered email address and change of address);

(ii)section 30 of the Economic Crime and Corporate Transparency Act 2023 (company’s registered email address: transitional provision);]

(a)the contents of any document sent to the registrar containing views expressed pursuant to section 56 (comments on proposal by company to use certain words or expressions in company name);

[F9(aa)any application or other document delivered to the registrar under regulations under section 120A (protection of individual membership information);]

(b)protected information within section 242(1) (directors' residential addresses: restriction on disclosure by registrar) or any corresponding provision of regulations under section 1046 (overseas companies);

[F10(ba)representations received by the registrar in response to a notice under—

(i) section 245(2) F11 (notice of proposal to put director's usual residential address on the public record), or

(ii)any corresponding provision of regulations under section 1046 (overseas companies);]

[F12(bb)information to which sections 240 to 244 are applied by section 790ZF(1) (residential addresses of people with significant control over the company) or any corresponding provision of regulations under section 1046 (overseas companies);

[F13(bba)the following—

(i)any application or other document delivered to the registrar under regulations under section 468A (regulations protecting profit and loss accounts for certain companies);

(ii)any information which regulations under section 468A require not to be made available for public inspection;]

[F14(bc)information that, by virtue of regulations under section 790ZG or any corresponding provision of regulations under section 1046, the registrar must omit from the material on the register that is available for inspection;]]

[F14(bc)any application or other document delivered to the registrar under regulations under section 790ZG (protection of PSC information);]

(c)any application to the registrar under section 1024 (application for administrative restoration to the register) that has not yet been determined or was not successful;

(d)any document received by the registrar in connection with the giving or withdrawal of consent under section 1075 (informal correction of documents) [F15before the repeal of that section by the Economic Crime and Corporate Transparency Act 2023];

[F16(dza)any statement made in accordance with regulations made by virtue of section 1082(2)(c).]

[F17[F18(da)information falling within section 1087A(1) (information about a person's date of birth);]]

[F17(da)relevant date of birth information that section 1087A provides is not to be made available for public inspection;]

[F19(e)any application or other document delivered to the registrar under section 1088 (application to make address unavailable for public inspection) and any address in respect of which such an application is successful;]

[F19(e)the following—

(i)any application or other document delivered to the registrar under regulations under section 1088 (regulations protecting material), other than information provided by virtue of section 1088(5);

(ii)any information which regulations under section 1088 require not to be made available for public inspection;]

[F20(ea)any information provided to the registrar under section 1092A (power to require further information);]

[F21(f)any application or other document delivered to the registrar under section 1095 (application for rectification of register);]

[F21(f)any application or other document delivered to the registrar under section 1094 (removal of material from the register);]

(g)any court order under section 1096 (rectification of the register under court order) that the court has directed under section 1097 (powers of court on ordering removal of material from the register) is not to be made available for public inspection;

[F22(ga)any application or other document delivered to the registrar under section 1097A [F23, 1097B] [F24or 1097C] (rectification of [F25company registered office] [F25registered office, service address] [F26or principal office address]) other than an order or direction of the court;]

[F27(gb)any application or other document delivered to the registrar under section 1098B, 1098D or 1098E or regulations under section 1098G (authorised corporate service providers);]

[F28(gc)any document delivered to the registrar under regulations under section 1110B;]

[F29(gd)any statement or other document delivered to the registrar by virtue of any of the following provisions (which relate to identity verification)—

  • section 12(2A);

  • section 12B(2) to (4);

  • section 167G(3)(c);

  • section 790LB(1) to (3);

  • section 790LM(2);

  • section 790LO(2);

  • section 790LS(1) to (3);

  • section 1067A;]

F30(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)any e-mail address, identification code or password deriving from a document delivered for the purpose of authorising or facilitating electronic filing procedures or providing information by telephone;

[F31(j)the contents of any documents held by the registrar pending a decision of the Regulator of Community Interest Companies under—

(i)section 36A of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (eligibility for registration as community interest company),

(ii)section 38 of that Act (eligibility for conversion to community interest company), or

(iii)section 55 of that Act (eligibility for conversion from community interest company to charity),

and that the registrar is not later required to record;]

[F32(ja)any record of the information contained in a document (or part of a document) mentioned in any of the previous paragraphs of this subsection.]

(k)any other material excluded from public inspection by or under any other enactment.

[F33(2)A restriction applying by reference to material deriving from a particular description of document does not affect the availability for public inspection of the same information contained in material derived from another description of document in relation to which no such restriction applies.]

[F33(2)Where subsection (1), or a provision referred to in subsection (1), imposes a restriction by reference to material deriving from a particular description of document (or part of a document), that does not affect the availability for public inspection of the same information contained in material derived from another description of document (or part of a document) in relation to which no such restriction applies.]

(3)Material to which this section applies need not be retained by the registrar for longer than appears to the registrar reasonably necessary for the purposes for which the material was delivered to the registrar.

Textual Amendments

F7Words in s. 1087(1) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 69(a), 219(1)(2)(b)

F8S. 1087(1)(za) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 29(7), 219(1)(2)(b)

F9S. 1087(1)(aa) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 48(7), 219(1)(2)(b)

F11Section 245(2) was applied to limited liability partnerships by regulation 19 of S.I. 2009/1804.

F12S. 1087(1)(bb)(bc) inserted (26.5.2015 for specified purposes) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 8; S.I. 2015/1329, reg. 3(a)

F13S. 1087(1)(bba) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 56(3), 219(1)(2)(b)

F14S. 1087(1)(bc) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 96(3), 219(1)(2)(b)

F15Words in s. 1087(1)(d) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 80(4), 219(1)(2)(b)

F16S. 1087(1)(dza) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 68(3), 219(1)(2)(b)

F17S. 1087(1)(da) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 52(2), 219(1)(2)(b)

F18S. 1087(1)(da) inserted (26.5.2015 for specified purposes, otherwise 10.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 96(2), 164(1); S.I. 2015/1329, reg. 3(b); S.I. 2015/1689, reg. 4(a)

F19S. 1087(1)(e) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 91(3)(a), 219(1)(2)(b)

F20S. 1087(1)(ea) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 83(4), 219(1)(2)(b)

F21S. 1087(1)(f) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 85(4), 219(1)(2)(b)

F23Word in s. 1087(1)(ga) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 106(3)(a), 219(1)(2)(b)

F24Words in s. 1087(1)(ga) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 107(3)(a), 219(1)(2)(b)

F25Words in s. 1087(1)(ga) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 106(3)(b), 219(1)(2)(b)

F26Words in s. 1087(1)(ga) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 107(3)(b), 219(1)(2)(b)

F27S. 1087(1)(gb) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 66(3), 219(1)(2)(b)

F28S. 1087(1)(gc) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 65(3), 219(1)(2)(b)

F29S. 1087(1)(gd) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 69(b), 219(1)(2)(b)

F32S. 1087(1)(ja) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 90, 219(1)(2)(b)

F33S. 1087(2) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 91(3)(b), 219(1)(2)(b)

Modifications etc. (not altering text)

C7Ss. 1085-1091: power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)

C15S. 1087 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(c) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C16S. 1087(1)(d)(i)(k)(2)(3) applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

C19S. 1087 Amendment to earlier affecting provision SI 2009/2436 Sch. 1 para. 20 (26.6.2017) by The Information about People with Significant Control (Amendment) Regulations 2017 (S.I. 2017/693), regs. 2, 35 (with Sch. Pt. 3)

Commencement Information

I3S. 1087 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

[F34[F351087ZA.Required particulars available for public inspection for limited periodU.K.

(1)This section applies where—

(a)a notice is given to the registrar by a company under section 790VA (notification of changes to the registrar), or

(a)a document is delivered to the registrar by a company under section 790ZA (duty to notify registrar of changes).

(2)The notice or document, and any record of the information contained in the notice or document, must not be made available by the registrar for public inspection after the expiration of ten years beginning with the date on which the company is dissolved.

(3)The power in section 1084(2) (power of registrar to direct that records of a company that has been dissolved may be removed to the Public Record Office etc) may not be exercised in relation to the notice or document, or any record of the information contained in the notice or document, before the expiration of ten years beginning with the date on which the company is dissolved.

(4)Subsection (2) does not affect the availability for public inspection of the same information contained in material derived from another description of document in relation to which no such restriction applies.]]

Textual Amendments

F34S. 1087ZA omitted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 82(3), 219(1)(2)(b)

Modifications etc. (not altering text)

C22S. 1087ZA applied (with modifications) by S.I. 2009/1804, reg. 66 (as amended (10.1.2020) by The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (S.I. 2019/1511), regs. 1(2), 17(3)(c))

C23S. 1087ZA applied (with modifications) by S.I. 2009/2436, regs. 3-5, Sch. 1 para. 20(1)(cza) (as inserted (10.1.2020) by The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (S.I. 2019/1511), regs. 1(2), 18(a))

C24S. 1087ZA applied (with modifications) by S.I. 2017/694, reg. 61A (as inserted (10.1.2020) by The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (S.I. 2019/1511), regs. 1(2), 20(2))

[F361087A[F37Information about a person's date of birth] [F37Protection of date of birth information]U.K.

[F37(1) Information falls within this subsection at any time (“ the relevant time ”) if—

(a)it is DOB information,

(b)it is contained in a document delivered to the registrar that is protected at the relevant time as regards that information,

(c)the document is one in which such information is required to be stated, and

(d)if the document has more than one part, the part in which the information is contained is a part in which such information is required to be stated.

(2)“DOB information” is information as to the day of the month (but not the month or year) on which a relevant person was born.

(3)A “relevant person” is an individual—

(a)who is a director of a company, or

(b)whose particulars are stated in a company's PSC register as a registrable person in relation to that company (see Part 21A).

(4)A document delivered to the registrar is “protected” at any time unless—

(a)it is an election period document,

(b)subsection (7) applies to it at the time, or

(c)it was registered before this section comes into force.

(5)As regards DOB information about a relevant person in his or her capacity as a director of the company, each of the following is an “election period document”—

(a)a statement of the company's proposed officers delivered under section 9 in circumstances where the subscribers gave notice of election under section 167A (election to keep information on central register) in respect of the company's register of directors when the statement was delivered;

(b)a document delivered by the company under section 167D (duty to notify registrar of changes while election in force).

(6)As regards DOB information about a relevant person in his or her capacity as someone whose particulars are stated in the company's PSC register, each of the following is an “election period document”—

(a)a statement of initial significant control delivered under section 9 in circumstances where the subscribers gave notice of election under section 790X in respect of the company when the statement was delivered;

(b)a document containing a statement or updated statement delivered by the company under section 790X(6)(b) or (7) (statement accompanying notice of election made after incorporation);

(c)a document delivered by the company under section 790ZA (duty to notify registrar of changes while election in force).

(7)This subsection applies to a document if—

(a)the DOB information relates to the relevant person in his or her capacity as a director of the company,

(b)an election under section 167A is or has previously been in force in respect of the company's register of directors,

(c)the document was delivered to the registrar at some point before that election took effect,

(d)the relevant person was a director of the company when that election took effect, and

(e)the document was either—

(i)a statement of proposed officers delivered under section 9 naming the relevant person as someone who was to be a director of the company, or

(ii)notice given under section 167 of the relevant person having become a director of the company.

(8)Information about a person does not cease to fall within subsection (1) when he or she ceases to be a relevant person and, to that extent, references in this section to a relevant person include someone who used to be a relevant person.

(9)Nothing in subsection (1) obliges the registrar to check other documents or (as the case may be) other parts of the document to ensure the absence of DOB information.]

[F37(1)The registrar must not make available for public inspection—

(a)so much of any document delivered to the registrar as is required to contain relevant date of birth information;

(b)any record of the information contained in part of a document that is unavailable because of paragraph (a).

(2)This section has limited application in relation to documents delivered before it comes fully into force: see section 1087B.

(3)Relevant date of birth information” means—

(a)information as to the day of the month (but not the month or year) on which a director (or proposed director) was born;

(b)information as to the day of the month (but not the month or year) on which a registrable person in relation to the company was born.

(4)Information about a director (or proposed director) or registrable person does not cease to be relevant date of birth information when they cease to be a director (or proposed director) or registrable person.

(5)Subsection (1)(b) does not affect the availability for public inspection of the same information contained in material derived from a part of a document that was not required to contain the information.

(6)In this section “registrable person”, in relation to a company, has the meaning given by section 790C(4).]

Textual Amendments

F36Ss. 1087A, 1087B inserted (26.5.2015 for specified purposes, otherwise 10.10.2015 except for the insertion of s. 1087A(3)(b)(4)(a)(b)(5)(6)(7) and s. 1087B(4) which are in force on 30.6.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 96(3), 164(1); S.I. 2015/1329, reg. 3(b); S.I. 2015/1689, reg. 4(a); S.I. 2016/321, reg. 6(d)

F37Ss. 1087A-1087C substituted for ss. 1087A, 1087B (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 52(3), 219(1)(2)(b)

Modifications etc. (not altering text)

C7Ss. 1085-1091: power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)

1087B[F37Disclosure of DOB information] [F37Protection of date of birth information in old documents]U.K.

[F37(1)The registrar must not disclose restricted DOB information unless—

(a)the same information about the relevant person (whether in the same or a different capacity) is made available by the registrar for public inspection as a result of being contained in another description of document in relation to which no restriction under section 1087 applies (see subsection (2) of that section), or

(b)disclosure of the information by the registrar is permitted by subsection (2) or another provision of this Act.

(2)The registrar may disclose restricted DOB information—

(a)to a public authority specified for the purposes of this subsection by regulations made by the Secretary of State, or

(b)to a credit reference agency.

(3) Subsections (3) to (8) of section 243 (permitted use or disclosure of directors' residential addresses etc by the registrar) apply for the purposes of subsection (2) as for the purposes of that section (reading references there to protected information as references to restricted DOB information).

(4)This section does not apply to restricted DOB information about a relevant person in his or her capacity as someone whose particulars are stated in the company's PSC register if an application under regulations made under section 790ZG (regulations for protecting PSC particulars) has been granted with respect to that information and not been revoked.

(5)Restricted DOB information ” means information falling within section 1087A(1). ]]

[F37(1)This section limits the extent to which section 1087A applies in relation to documents delivered to the registrar before that section comes fully into force (“old documents”).

(2)Section 1087A does not apply in relation to any old documents registered before 10 October 2015.

(3)Section 1087A does not apply in relation to any old document that is—

(a)a statement of a company’s proposed officers delivered under section 9 in circumstances where the subscribers gave notice of election under section 167A (election to keep information on central register) in respect of the company’s register of directors when the statement was delivered;

(b)a document delivered by the company under section 167D (duty to notify registrar of changes while election in force);

(c)a statement of initial significant control delivered under section 9 in circumstances where the subscribers gave notice of election under section 790X in respect of the company when the statement was delivered;

(d)a document containing a statement or updated statement delivered by the company under section 790X(6)(b) or (7) (statement accompanying notice of election made after incorporation);

(e)a document delivered by the company under section 790ZA (duty to notify registrar of changes while election in force).

(4)Section 1087A does not apply in relation to any old document if—

(a)the document is—

(i)a statement of proposed officers delivered under section 9, or

(ii)notice given under section 167 of a person having become a director of the company,

(b)after the delivery of the document an election was made under section 167A in respect of the company’s register of directors, and

(c)the relevant date of birth information relates to a person who was a director of the company when that election took effect.

(5)References in subsections (3)(a) to (e) and (4)(a) to (c) to a provision of this Act are to the provision as it had effect at the time at which the document was delivered (the provisions in question were repealed by the Economic Crime and Corporate Transparency Act 2023).]

Textual Amendments

F36Ss. 1087A, 1087B inserted (26.5.2015 for specified purposes, otherwise 10.10.2015 except for the insertion of s. 1087A(3)(b)(4)(a)(b)(5)(6)(7) and s. 1087B(4) which are in force on 30.6.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 96(3), 164(1); S.I. 2015/1329, reg. 3(b); S.I. 2015/1689, reg. 4(a); S.I. 2016/321, reg. 6(d)

F37Ss. 1087A-1087C substituted for ss. 1087A, 1087B (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 52(3), 219(1)(2)(b)

Modifications etc. (not altering text)

C7Ss. 1085-1091: power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)

C28S. 1087B modified by S.I. 2009/2436, Sch. 2 para. 20(2A) (as inserted (26.6.2017) by The Information about People with Significant Control (Amendment) Regulations 2017 (S.I. 2017/693), regs. 2, 35 (with Sch. Pt. 3))

[F371087CDisclosure of date of birth informationU.K.

(1)The registrar must not disclose relevant date of birth information except—

(a)in accordance with subsection (2) or (3), or

(b)as permitted by section 1110F (general powers of disclosure by the registrar).

(2)The registrar may disclose relevant date of birth information if the information is made available for public inspection.

(3)The registrar may disclose relevant date of birth information to a credit reference agency (as defined by section 243(7)).

(4)Subsections (3) to (8) of section 243 (permitted disclosure of address information by the registrar) apply for the purposes of subsection (3) as for the purposes of that section (reading references there to protected information as references to relevant date of birth information).

(5)In this section “relevant date of birth information” has the meaning given by section 1087A(3).]

Textual Amendments

F37Ss. 1087A-1087C substituted for ss. 1087A, 1087B (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 52(3), 219(1)(2)(b)

1088[F38Application to registrar to make address unavailable for public inspection] [F38Power to make regulations protecting material]U.K.

[F38(1)The Secretary of State may make provision by regulations requiring the registrar, on application, to make an address on the register unavailable for public inspection.

(2)The regulations may make provision as to—

(a)who may make an application,

(b)the grounds on which an application may be made,

(c)the information to be included in and documents to accompany an application,

(d)the notice to be given of an application and of its outcome, and

(e)how an application is to be determined.

(3)Provision under subsection (2)(e) may in particular—

(a)confer a discretion on the registrar;

(b)provide for a question to be referred to a person other than the registrar for the purposes of determining the application.

(4)An application must specify the address to be removed from the register and indicate where on the register it is.

(5)The regulations may provide—

(a)that an address is not to be made unavailable for public inspection under this section unless replaced by a service address, and

(b)that in such a case the application must specify a service address.

(6)Regulations under this section are subject to affirmative resolution procedure.]

[F38(1)The Secretary of State may by regulations make provision requiring the registrar, on application—

(a)not to make available for public inspection any information on the register relating to an individual;

(b)to refrain from disclosing information on the register relating to an individual except in specified circumstances;

(c)not to make available for public inspection any address on the register that is not information to which paragraph (a) applies;

(d)to refrain from disclosing any such address except in specified circumstances.

(2)The Secretary of State may by regulations make provision requiring the registrar—

(a)not to make available for public inspection any information on the register relating to an individual;

(b)to refrain from disclosing information on the register relating to an individual except in specified circumstances.

(3)Regulations under subsection (1) may make provision as to—

(a)who may make an application;

(b)the grounds on which an application may be made;

(c)the information to be included in and documents to accompany an application;

(d)the notice to be given of an application and of its outcome;

(e)how an application is to be determined;

(f)the duration of, and procedures for revoking, any restrictions on the making of information available for public inspection or its disclosure.

(4)Provision under subsection (3)(e) or (f) may in particular provide for a question to be referred to a person other than the registrar for the purposes of determining the application or revoking the restrictions.

(5)Regulations under subsection (1)(a) or (c) may provide that information is not to be made unavailable for public inspection unless the person to whom it relates provides such alternative information as may be specified.

(6)The circumstances that may be specified under subsection (1)(b) or (d) or (2)(b) by way of an exception to a restriction on disclosure include circumstances where the court has made an order, in accordance with the regulations, authorising disclosure.

(7)Regulations under subsection (1)(b) or (2)(b) may not require the registrar to refrain from disclosing information under—

(a)sections 243 or 244 (or those sections as applied by section 790ZF) (residential address information);

(b)section 1087C(1) (disclosure of date of birth information);

(c)any provision of regulations under section 1046 corresponding to provision mentioned in paragraph (a) or (b);

(d)section 1110F (general powers of disclosure by the registrar).

(8)Regulations under subsection (1)(d) may not require the registrar to refrain from disclosing information under section 1110F (general powers of disclosure by the registrar).

(9)Regulations under this section may in particular confer a discretion on the registrar.

(10)Regulations under this section are subject to affirmative resolution procedure.]

Textual Amendments

F38S. 1088 substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 91(4), 219(1)(2)(b)

Modifications etc. (not altering text)

C7Ss. 1085-1091: power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)

C29S. 1088 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(c) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

Commencement Information

I4S. 1088 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1089Form of application for inspection or copyU.K.

(1)The registrar may specify the form and manner in which application is to be made for—

(a)inspection under section 1085, or

(b)a copy under section 1086.

(2)[F39[F40Applications in respect of an enhanced disclosure document] may be submitted to the registrar in hard copy or electronic form, as the applicant chooses.

This does not affect the registrar's power under subsection (1) above to impose requirements in respect of other matters.]

Textual Amendments

F39S. 1089(2) omitted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 89(3), 219(1)(2)(b)

Modifications etc. (not altering text)

C7Ss. 1085-1091: power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)

C32S. 1089 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 19(4)(f)}

C33S. 1089 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 12(6)(d)}

C34S. 1089 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(d) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C35S. 1089 applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

Commencement Information

I5S. 1089 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1090Form and manner in which copies to be providedU.K.

[F41(1)The following provisions apply as regards the form and manner in which copies are to be provided under section 1086.

(2)[F42Copies of an enhanced disclosure document] must be provided in hard copy or electronic form, as the applicant chooses.

This is subject to the following proviso.

(3)The registrar is not obliged by subsection (2) to provide copies in electronic form of a document that was delivered to the registrar in hard copy form if—

(a)the document was delivered to the registrar on or before 31st December 1996, or

(b)the document was delivered to the registrar on or before 31st December 2006 and ten years or more elapsed between the date of delivery and the date of receipt of the first application for a copy on or after 1st January 2007.

(4)Subject to the preceding provisions of this section, the registrar may determine the form and manner in which copies are to be provided.]

[F41The registrar may determine the form and manner in which copies are to be provided under section 1086.]

Textual Amendments

F41S. 1090 substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 89(4), 219(1)(2)(b)

Modifications etc. (not altering text)

C7Ss. 1085-1091: power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)

C39S. 1090 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 19(4)(g)}

C40S. 1090 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 12(6)(e)}

C41S. 1090 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(d) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C42S. 1090(1)(2)(4) applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

Commencement Information

I6S. 1090 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1091Certification of copies as accurateU.K.

[F43(1)Copies provided under section 1086 in hard copy form must be certified as true copies unless the applicant dispenses with such certification.

(2)Copies so provided in electronic form must not be certified as true copies unless the applicant expressly requests such certification.]

[F43(1)A copy provided under section 1086 must be certified by the registrar as a true copy if the applicant expressly requests such certification.]

(3)A copy provided under section 1086, certified by the registrar (whose official position it is unnecessary to prove) to be an accurate record of the contents of the original document, is in all legal proceedings admissible in evidence—

(a)as of equal validity with the original document, and

(b)as evidence (in Scotland, sufficient evidence) of any fact stated in the original document of which direct oral evidence would be admissible.

(4)The Secretary of State may make provision by regulations as to the manner in which such a certificate is to be provided in a case where the copy is provided in electronic form.

(5)[F44Except in the case of [F45an enhanced disclosure document] (see section 1078),] copies provided by the registrar may, instead of being certified in writing to be an accurate record, be sealed with the registrar's official seal.

Textual Amendments

F43S. 1091(1) substituted for s. 1091(1)(2) (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 89(5)(a), 219(1)(2)(b)

F44Words in s. 1091(5) omitted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 89(5)(b), 219(1)(2)(b)

Modifications etc. (not altering text)

C7Ss. 1085-1091: power to apply (with or without modifications) conferred (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 8, 47(2); S.I. 2018/1161, reg. 3(a)

C45S. 1091 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 19(4)(h)}

C46S. 1091 applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations (S.I. 2007/2974), {reg. 12(6)(f)}

C47S. 1091 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 20(1)(e) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C48S. 1091 applied by S.I. 2014/3209, reg 20A Table A (as inserted (18.12.2015) by The Reports on Payments to Governments (Amendment) Regulations 2015 (S.I. 2015/1928), regs. 1(2), 3)

C51S. 1091 applied (1.8.2022 for specified purposes, 12.10.2022 in so far as not already in force) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), ss. 21(4), 69(1); S.I. 2022/876, reg. 3(g); S.I. 2022/1039, reg. 2(a)

C52S. 1091 applied (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by 1907 c. 24, s. 16(5) (as substituted by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 136(4), 219(1)(2)(b))

Commencement Information

I7S. 1091 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

1092Issue of process for production of records kept by the registrarU.K.

(1)No process for compelling the production of a record kept by the registrar shall issue from any court except with the permission of the court.

(2)Any such process shall bear on it a statement that it is issued with the permission of the court.

Modifications etc. (not altering text)

C54S. 1092 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 17(2)(d) (with transitional provisions and savings in regs. 7, 9, Sch. 2)

Commencement Information

I8S. 1092 wholly in force at 1.1.2007, see s. 1300 and S.I. 2006/3428, art. 2(1)(f) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5)

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