Register of directors' residential addresses

What information must be recorded in the register of directors' residential addresses?

The register must state the residential address of each of the company's directors.

If a director's usual residential address is the same as his service address (as stated in the company's register of directors), the register of directors' residential addresses need only contain an entry to that effect. This does not apply if his service address is stated to be "The company's registered office".

Register of secretaries

What information must be recorded in the register of secretaries if the secretary is an individual?

The following information must be recorded:

Full surname and forenames

Any previous surnames or forenames

Service address

Former names need not be given if they have not been used since the age of sixteen or for at least 20 years.

The service address may be the company's registered office. The usual residential address of a company secretary is not entered in any register.

What information must be recorded in the register of secretaries if the secretary is a corporate director or firm?

Section 278 of the Act reads in full as follows:

'(1) A company's register of secretaries must contain the following particulars in the case of a body corporate, or a firm that is a legal person under the law by which it is governed -

corporate or firm name;

registered or principal office;

in the case of an EEA company to which the First Company Law Directive (68/152/EEC) applies, particulars of -

the register in which the company file mentioned in Article 3 of that Directive is kept (including details of the relevant state), and

the registration number in that register;

in any other case, particulars of -

the legal form of the company or firm and the law by which it is governed, and

if applicable, the register in which it is entered (including details of the state) and its registration number in that register.

(2) If all the partners in a firm are joint secretaries it is sufficient to state the particulars that would be required if the firm were a legal person and the firm had been appointed secretary.'

Register of charges

What should I know about the register of charges?

Every company must keep a register of charges, even if it contains no entries. In passing, it is worth noting that the fact that it contains no entries may be very significant to a person checking the register. As well as the register, a company must keep copies of instruments creating or evidencing charges.

The register must contain details of all charges affecting the property of the company, and all floating charges on the property of the company. Detail in the register must include the amount of the charge which may be (and often is) 'all moneys owed to the chargee from time to time'. It must also identify the chargee and describe the property charged.

Register of interests disclosed

What should I know about the register of interests disclosed?

This register is compulsory for public companies. Such companies may use the authority of section 793 of the Act to try and discover the identity of the beneficial owners of its shares where this may not be apparent from its register of members. Section 793 reads in part as follows:

'(1) A public company may give notice under this section to any person whom the company knows or has reasonable cause to believe -

to be interested in the company's shares, or

to have been so interested at any time during the three years immediately preceding the date on which the notice is issued.

(2) The notice may require the person -

(a) to confirm that fact or (as the case may be) to state whether or not it is the case, and

(b) if he holds, or has during that time held, any such interest, to give such further information as may be required in accordance with the following provisions of this section.

(3) The notice may require the person to whom it is addressed to give particulars of his own present or past interest in the company's shares (held by him at any time during the three year period mentioned in subsection (1)(b)).'

Section 793 contains additional important detail.

Section 808 requires the company to enter responses to these notices to be recorded in the register of interests disclosed.

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