Co-authors – Anna Robinson (Solicitor) and Michael Moore (Partner)
On 8 February 2016 the draft Companies (Address of Registered Office) Regulations 2016 and the draft Registrar of Companies and Applications for Striking Off (Amendment) Regulations 2016 were published. Both of these Regulations will have the effect of amending the legislation contained in the Companies Act 2006 in respect of correction or removal of material on the register. The changes are intended to take effect from 6 April 2016.
The registrar of companies will have the power to change the registered office of a company or an LLP upon an application by any person, on the grounds that the entity is not authorised to use the address as its registered office. The registrar will then inform the entity of the application and ask it to either change its registered office address or provide evidence that it is authorised to use the address, such action must be taken by the entity within the period specified by the registrar. If the entity fails to provide sufficient evidence, or does not change its registered office address, the registrar must change the address to a default address which will be a PO Box at Companies House.
When the registered office is changed to a PO Box address certain of the entity’s duties are suspended for 28 days. These include, but are not limited to, the duty to make available the statutory books and records of the entity and the duty to state the registered office address on communications.
Where a person denies that they consented to be appointed as a director of a company they can apply to Companies House to have the information about their appointment removed from the register. The registrar will then notify the company who will have 28 days to provide evidence that the person consented to act as a director. Failing the provision of sufficient evidence, the information about the appointment will be removed from the register.