Privacy for Company Directors (July 2009)

Under the Companies Act 2006, the provisions for specifying directors' addresses on company registers are changing. Up to now, officers have had to disclose their full residential address unless they have permission from the courts to withhold this information. However, this has only been granted in situations where the officer is in actual danger of violence or intimidation in their home.

From 1^st October 2009, officers may file an address at Companies House which is a service address and not necessarily a residential address. This provides a safety net for officers and it is believed that part of the reasoning behind the changes is to help counteract identity theft which continues to be on the increase. Jordans have also pointed to the protection that these changes will provide to those directors who are involved with companies who test on animals, conduct medical research or are involved with other activities which damage the environment.

It is likely that this service address will be the registered office so that all company mail is dealt with together. The one exception to this new rule is for corporate officers who will continue to have to detail their registered office as the relevant address.

One thing to note however is that the officers will still need to divulge their residential addresses to Companies House and to the company. This information will be kept confidential and will not be available on the public record.

Company Books will have to change to reflect this and therefore there will be two registers for officers' information: a register of directors / company secretaries and a register of directors / company secretaries residential addresses. The register of directors / company secretaries will state the officer's normal residential country or state but the register of directors / company secretaries residential addresses will state their full address.

All of the above will have ramifications with regards to disclosure obligations and general confidentiality obligations.

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