COMPANY LAW - 29.09.2009

The end is nigh - Companies Act 2006

Anonymity. Every director’s personal address is a matter of public record. That means anyone from credit agencies to someone attempting ID theft can find out your residential address by searching Companies House (CH) records. There are exceptions, e.g. where there have been threats against the personal safety of a director. But since October 1 every newly appointed director must provide a “service address” and a usual residential address. They can be the same if you’re happy with that, but the latter can only be viewed by CH.

Tip. The new rules also apply to existing directors. If you want to remove your home address from public record, you’ll need to submit a Form CH01 and provide CH with a contact (service) address.

Trap. The service address can’t be a PO box or DX number.

Forms. Thoseused by CH have been replaced with effect from October 1 2009. Plus, there are some new ones to meet the requirements of the CA. Whether you want to add or remove a company director, or change your company’s share capital, you can check which new form you’ll need on the CH website (see The next step).

Tip. Always use the new CH forms from now on. Scrap your old versions because if you submit them, they’ll be rejected.

Trading activity. Thisis set out in the “objectives clause” in your Articles of Association. That means if you want to start doing something completely different, the Articles will have to be amended. This will usually involve lawyers and therefore cost money. From October 1 new companies can choose to have a “general trading clause” in the Articles that will avoid having to amend them if the company diversifies.

Tip. As an existing company, you’ll be able to adopt the general objects clause if you want, but as that will mean amending the Articles anyway, there’s not much point until you actually need to make a change.

For a link to a list of the new CH forms, visit http://companydirector.indicator.co.uk(CD 11.01.01).