Out-Law / Your Daily Need-To-Know

Out-Law News 2 min. read

New directors' addresses to be automatically hidden from October


All new company directors' home addresses will be hidden from 1st October this year. Directors will also be able to stop Companies House from revealing addresses even to credit agencies and public bodies.

From October directors' residential addresses will become 'protected information', meaning that it is no longer public but can be disclosed to credit reference agencies and some public authorities.

The home addresses of existing directors, though, will still be public. Those directors can apply to have the information hidden if they feel they are at risk of violence because of their companies' activities.

Company directors can currently apply to have their addresses hidden, but new regulations taking force in October create a two-tier address system. The published address of directors from now on will be a 'service address'. While a home address will be required, it will stay hidden.

And according to guidance published by Companies House on the operation of the new laws, directors who fear attack will be able to apply to have their private addresses hidden even from credit reference agencies and authorities.

"If you are at serious risk of violence or intimidation because of the activities of a company of which you are a director; an overseas company of which you are a director or permanent representative ;or an LLP of which you are a member then you can apply under section 243 [of the Companies Act] for your protected information not to be disclosed in future to credit reference agencies," said the guidance from Companies House.

"Addresses that already appear on the public record will continue to be available for public inspection," it said. "If you are at serious risk of violence or intimidation because of the activities of a company or LLP of which you are an officer, then you can apply under section 1088 for an address that is on the public record to be made unavailable for public inspection."

That means that while new directors will have their home addresses automatically hidden, existing company directors will have to apply to hide theirs.

The hiding of directors' home addresses is widely seen as a being a move prompted by attacks on the homes of directors of companies involved in animal testing. The guidance said that it would most likely apply to people who were "an officer of a company, LLP or overseas company whose business is licensed under the Animal (Scientific Procedures) Act 1986...[or] if a company or LLP of which you are an officer has been targeted by animal rights or other activists".

The guidance said that any applicant must supply evidence of potential harm.

"Some examples might include a police incident number if a previous attack has occurred; documentary evidence of a threat or attack; or evidence of disruption, violence, intimidation or other targeting by animal rights or other activists," said the guidance. "It will depend on your circumstances what evidence you can provide. This may be in the form of a written document or photographs if these clearly show the risk."

Companies House said that there is a fee of £140 for applying to have addresses taken out of the public record.

The right to hide your address goes on indefinitely, and there is a right to appeal for unsuccessful applicants.

"If your application is unsuccessful you may appeal to the High Court – or in Scotland to the Court of Session – on the grounds that the decision is unlawful, irrational or unreasonable, or has been made on the basis of impropriety or otherwise contravenes the rules of natural justice," said the guidance.

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