The Overseas Companies Regulations 2009

Application by company

3.—(1) An application for higher protection may be made to the registrar by a company to which Part 4 applies on behalf of any of its directors or permanent representatives.

(2) The grounds on which an application under sub-paragraph (1) may be made are that the company considers that there is a serious risk that the director or permanent representative on behalf of whom the application is made, or a person who lives with that director or permanent representative, will be subjected to violence or intimidation as a result of the company’s activities.

(3) The application must contain—

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

(b) the name and registered number of the applicant;

(c) the name and any former name of each director or permanent representative on behalf of whom the application is made;

(d) the date of birth of each such director or permanent representative;

(e) the usual residential address of each such director or permanent representative;

(f) where the registrar has allocated a unique identifier to any such director or permanent representative, that unique identifier;

(g) the name and registered number of each UK-registered company or overseas company to which Part 4 applies of which each such director or permanent representative is a director or permanent representative.

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

(5) The registrar may refer to—

(a) a police force, or

(b) any other person whom the registrar considers may be able to assist in answering the question,

any question relating to an assessment of the nature and extent of any risk of violence or intimidation.

(6) The registrar shall—

(a) determine the application, and

(b) send notice of the determination within five working days of its being made—

(i) to the applicant (to its registered office or, if it is not registered, to the address of its principal place of business in its country of incorporation), and

(ii) to each director or permanent representative on behalf of whom the application was made (to the usual residential address of the director or permanent representative as stated in the application).