Company Directors are subject to many rules and regulations, ranging from restrictions on who can or cannot be a director, their behaviour whilst directors, and rules regarding the information that must be supplied to Companies House for public display online.

Information Requirements.

When a director is appointed to a company, they must notify Companies House of two addresses, a service address, and their residential address.

The former is an address where documents for the director can be sent. This can be the director’s residential address (where they live) but is often their company’s registered office to maintain the director’s privacy. The service address is available to the public.

It is a legal requirement for directors to maintain accurate and up-to-date correspondence addresses under the Companies Act 2006. Failure to do so can result in a fine (in addition to potentially missing important correspondence).

Services addresses were introduced in 2006. Before that, it was common for a director’s residential address to be in public view on the Companies House website.

Information pertaining to where a director resides is protected by law as it can only be disclosed in limited circumstances and will not be visible on Companies House unless the director uses their residential address as their service address.

Companies are required to keep a register of certain information relating to their directors, including residential addresses.

Use of Director’s Information.

A company can only use a director’s residential address in specified circumstances, e.g. communicating with the director, complying with the Companies Acts or with a court order, or with the director’s consent.

As a general rule Companies House:

• Must not put a director’s residential address on the public register;

• Can only use it for specified purposes, e.g., to a public authority in specified circumstances, to a credit reference agency in specified circumstances, or other miscellaneous circumstances where the law allows.

Additional protection for directors.

A director may not want their residential address accessed by a credit reference agency, or for security reasons may wish to have their residential address removed from public view on Companies House, either because it was given in error or because it appears historically.

There are steps a director can take.

Firstly, if they do not want details to be given to a credit reference agency, a director can make an application to Companies House on the grounds that there is a serious risk of violence or intimidation to the director or a person that lives with the director.

Secondly, a director may make a general application for their residential address to be removed from Companies House.

No reason has to be given for the application, and it can apply to addresses that were placed on Companies House on any date in the past.

How we can help

William Sturges are experienced in providing legal advice on the topic of publicly available personal details. William Sturges partner, Martin Donoghue has many years of experience in company and commercial law, advising on a range of issues, including service agreements, terms of business, shareholders’ agreements, share schemes, employment and M&A. Martin offers bespoke, personalised support to all his clients.

Working as an extension of their team, he focuses on building trust and making himself available whenever needed. He works hard to understand his client’s businesses and their aims in detail – enabling him to offer the best possible legal advice. You can contact Martin on t: 020 7873 1084 or e: martin.donoghue@williamsturges.co.uk.