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The Companies (Disclosure of Address) Regulations 2008

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Companies (Disclosure of Address) Regulations 2009 No. 214

Application under section 243 by a subscriber to a memorandum of association

This section has no associated Explanatory Memorandum

7.—(1) A section 243 application may be made to the registrar by a subscriber to a memorandum of association on behalf of any of the proposed directors of a proposed company who are individuals.

(2) The grounds on which an application under paragraph (1) may be made are that the subscriber making the application considers that there is a serious risk that the proposed directors of the proposed company on behalf of whom the application is made, or persons who live with them, will be subjected to violence or intimidation as a result of the proposed activities of that proposed company.

(3) The application shall—

(a)contain—

(i)a statement of the grounds on which the application is made;

(ii)the name of the applicant;

(iii)the address of the applicant;

(iv)the name of the proposed company;

(v)the name and any former name of each of the proposed directors on behalf of whom the application is made;

(vi)the date of birth of each such proposed director;

(vii)the usual residential address of each such proposed director;

(viii)the name and registered number of each company of which each such proposed director is a director; and

(b)be accompanied by evidence which supports the applicant’s statement of the grounds of the application.

(4) The registrar may refer to a relevant body any question relating to an assessment of the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to its proposed directors on behalf of whom the application is made or to persons who live with those proposed directors as a result of any of the proposed activities of the proposed company.

(5) The registrar shall determine the application and send—

(a)the applicant, to the address stated in the application, and

(b)each of the proposed directors on behalf of whom the application was made, to their usual residential address as stated in the application,

notice of his determination on the section 243 application within five working days of that determination being made.

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