Institute
of Director's Newsletter.......
Businesses
need to act now in relation to new rules on disclosure of directors'
residential addresses that come into force in October 2009.
From 1
October 2009, every director must provide Companies House with both
their usual residential address and, for each directorship they
hold, a service address. The service address for each directorship
will be available to the public; the director's home address will
only be given out to public authorities, such as HM Revenue &
Customs or the police, and credit-reference agencies.
Any
appointment or change of director's details on or after 1 October
2009 will be filed on a 2006 Act form. The director can take
advantage of the option to have a service address on public record
and for their residential address to be placed on the protected part
of the register. Any appointment or change in details prior to 1
October must be notified on a 1985 Act form and the usual
residential address provided for the public record. Addresses on the
public -record on 30 September 2009 will become that person's
service address on 1 October and will remain so until new details
are supplied.
A director
can choose any address as the service address (including the
registered office of the company) but the address must be a place
where documents can be delivered and a receipt can be provided if
necessary. For example, PO Boxes and DX numbers are not allowed. If
the director chooses to use their home as the service address the
fact that the two addresses are the same will not be apparent from
the public record.
Businesses
should consider now, for each director, whether to:
a. submit a
service address to replace their home address in the company's
register of directors, and on the public record at Companies House
and/or
b. apply to
try and prevent disclosure of their home addresses to credit
agencies. Directors at serious risk due to their company's
activities can apply to the Companies House Registrar for their
addresses not to be provided to credit reference agencies.
Supplying
service addresses to Companies House is free.