Companies Act 2006 Finally Comes Into Play

01.10.09 is the date when the eagerly awaited Companies Act 2006 becomes fully implemented (well almost fully implemented).

It seems like an age since the legislation (the biggest single piece in the UK) was passed and it has been implemented in stages since then. However on 01 October 2010 a massive 550 sections are to be implemented these sections cover a raft of different areas including: company formation, constitution, and company names to name but three.

Perhaps the most interesting section is in relation to directors addresses. At present a company director has his or her address published on the Companies House website of course this is both irritating (junk mail etc) but in some situations it also carries with it more sinister risks. Take for example if you are the director of an animal testing company, such companies carry out business that a minority find abhorent and some will impose physical violence on those responsible. This is where the Companies Act 2006 comes in. Under section 243 of the Act director’s can use a service address as opposed to their home address. The director’s home address is still available to police and public authorities etc but not to the public as a whole. One drawback is that this service is only available for director’s who have lodged their address since 2003.

Companies House have issued a guidance note on this (and other sections of the Companies Act 2006) stating:

“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,”

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