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The Companies (Disclosure of Address) Regulations 2009

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This is the original version (as it was originally made).

Application under section 1088 to make an address unavailable for public inspection by a company

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10.—(1) A section 1088 application may be made to the registrar by a company in respect of the addresses of—

(a)all of its members and former members whose addresses were contained in—

(i)an annual return; or

(ii)a return of allotment of shares,

delivered to the registrar on or after 1st January 2003; or

(b)the subscribers to its memorandum of association where that memorandum was delivered to the registrar on or after 1st January 2003.

(2) The grounds on which an application under paragraph (1) may be made are that the company making the application considers that, as a result of its activities, the availability to members of the public of the addresses described in paragraph (1) creates a serious risk that its members or former members or subscribers, or persons who live at those addresses, will be subjected to violence or intimidation.

(3) The application shall—

(a)contain—

(i)the name of the applicant and its registered number; and

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

(b)be accompanied by evidence—

(i)which supports the applicant’s assertion that its application falls within the grounds stated in its application; or

(ii)where the court has made an order under section 117(3) (register of members: response to request for inspection or copy) directing the applicant not to comply with a request under section 116 (rights to inspect and require copies), a copy of that order.

(4) The registrar may refer to a relevant body any question relating to the assessment of the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to any of its members or former members or subscribers, or persons who live at the addresses described in paragraph (1), as a result of its activities by virtue of the availability to members of the public of particulars of the addresses of such members or former members or subscribers.

(5) The registrar shall determine the application and send the applicant to its registered office notice of his determination on the section 1088 application within five working days of that determination being made.

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