The Companies (Competent Authority) (Fees) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 708 of the Companies Act 1985.

Regulation 13 of the Companies (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002 (“the 2002 Regulations”) make provision for the keeping by the registrar of companies of confidential records, containing the usual residential address of those directors of a company in respect of whom a confidentiality order has been made under those regulations.

The 2002 Regulations also provide for a competent authority to be able to inspect and take copies of the confidential record and these Regulations prescribe the fees payable by such a competent authority as follows.

(1) Except in the circumstances contemplated in (2) below, the fee in relation to a determination or variation of a prior determination under Regulation 13 as to the manner in which that competent authority and its officers, servants and representatives may inspect and take copies of the confidential record, shall be £50 for:

(i) each new address nominated as a point of contact by such competent authority and included in a determination or variation; and

(ii) each new officer, servant or representative nominated as a point of contact by such competent authority and included in a determination or variation.

(2) Once an address or a person has been included in a determination or variation made in accordance with the Limited Liability Partnerships (Competent Authority) (Fees) Regulations 2002, no separate fee shall be payable under these Regulations.

(3) In relation to the fee payable by a competent authority on each occasion such competent authority inspects and takes copies of the confidential record in relation to an individual beneficiary of a confidentiality order, the fee shall be £4 for each named individual in respect of whom inspection or copying is requested.

(4) When a competent authority pays the £4 fee for an inspection or copy of the confidential record in relation to a named individual, it shall be entitled to inspect or take a copy of entries relating to the named individual in both:

(i) the confidential record as maintained in relation to company directors, company secretaries or permanent representatives in accordance with the 2002 Regulations; and

(ii) the confidential record as maintained in relation to limited liability partnerships in accordance with the Limited Liability Partnerships (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002.

(5) Where a competent authority requests an inspection or copy of the confidential record in relation to a named individual’s usual residential address and such address is not contained in the confidential record, the registrar may facilitate the inspection or taking of copies of information he makes publicly available. In this event, the fee will remain £4.