The Companies (Trading Disclosures) (Amendment) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations deal with trading disclosures to be made by a company. These Regulations amend the Companies (Trading Disclosures) Regulations 2008 (S.I. 2008/495) to provide two further exceptions from the obligation on a company to display its registered name at business premises.

The first exception applies if a company has had a liquidator, administrator or administrative receiver appointed and the registered office, inspection place or place of business of the company is also a place of business of that liquidator, administrator or administrative receiver (regulations 2 and 3).

Regulation 3 provides an exception from the obligation on a company to display its registered name at any location (other than its registered office and any place at which it makes its company records available for inspection) at which it carries on business. This exception depends on whether the registrar of companies is prevented from disclosing to a credit reference agency the residential address of every director of the company who is an individual. A director in respect of whom a confidentiality order under section 723B of the Companies Act 1985 (c.6) (“the 1985 Act”) was in force immediately before 1st October 2009 is treated on or after that date as if he had made a successful application under section 243(4) of the Companies Act 2006 (c.46) (see the Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008 (S.I. 2008/2860 (C. 126)), Schedule 2, paragraph 37).

Regulation 4 of this instrument amends regulation 7(2)(d) of S.I. 2008/495 by substituting a reference to section 60 of the Companies Act 2006 which comes into force on 1st October 2009. References to section 30 of the 1985 Act and Article 40 of the Companies (Northern) Ireland Order 1986 (S.I. 1986/1032 (N.I. 6)) are omitted as these provisions are repealed on 1st October 2009.

An Impact Assessment in respect of these Regulations has been produced and copies are available from the Company Law and Governance Directorate, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London, SW1H 0ET or on www.berr.gov.uk/bbf/co-act-2006.