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Companies Act 2006

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  • 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)

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246Putting the address on the public recordE+W+S+N.I.

This section has no associated Explanatory Notes

(1)The registrar, on deciding in accordance with section 245 that a director's usual residential address is to be put on the public record, shall proceed as if notice of a change of registered particulars had been given—

(a)stating that address as the director's service address, and

(b)stating that the director's usual residential address is the same as his service address.

(2)The registrar must give notice of having done so—

(a)to the director, and

(b)to the company.

(3)On receipt of the notice the company must—

(a)enter the director's usual residential address in its register of directors as his service address, and

(b)state in its register of directors' residential addresses that his usual residential address is the same as his service address.

[F1(3A)But—

(a)subsection (3)(a) does not apply if an election under section 167A is in force in respect of the company's register of directors, and

(b)subsection (3)(b) does not apply if an election under section 167A is in force in respect of the company's register of directors' residential addresses.]

(4)If the company has been notified by the director in question of a more recent address as his usual residential address, it must—

(a)enter that address in its register of directors as the director's service address, and

(b)give notice to the registrar as on a change of registered particulars.

[F2(4A)If an election under section 167A is in force in respect of the company's register of directors, the company must, in place of doing the things mentioned in subsection (4)(a) and (b), deliver the particulars to the registrar in accordance with section 167D.]

(5)If a company fails to comply with subsection (3) [F3, (4) or (4A)], an offence is committed by—

(a)the company, and

(b)every officer of the company who is in default.

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding [F4one-tenth of level 5 on the standard scale][F4one-tenth of the greater of £5,000 or level 4 on the standard scale].

(7)A director whose usual residential address has been put on the public record by the registrar under this section may not register a service address other than his usual residential address for a period of five years from the date of the registrar's decision.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1Ss. 240-246 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 7 (with transitional provisions and savings in regs. 7, 9, Sch. 2)

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