• PART 3 PART 3 APPLICATION TO MAKE AN ADDRESS UNAVAILABLE FOR PUBLIC INSPECTION UNDER SECTION 962

    • 11. Application under section 962 to make an address unavailable for public inspection by an individual

      (1) A section 962 application may be made to the Registrar by an individual whose usual residential address was placed on the register either:
      (a) under section 6 (documents to be sent to Registrar), 153 (register of directors), 157 (registration of altered particulars), 292 (duty to keep register of secretaries), 778 (duty to deliver annual returns);
      (b) as a service address under section 9 (statement of proposed officers), 157 (duty to notify Registrar of changes of director's particulars) or 781 (contents of annual return),
      in respect of that usual residential address.
      (2) The grounds on which an application under paragraph (1) may be made are that the individual making the application:
      (a) holds public office or has been entrusted with a prominent function in government or at a public authority;
      (b) considers that there is a serious risk that he, or a person who lives with him, will be subjected to violence or intimidation as a result of the activities of at least one of the companies of which:
      (i) he is, or proposes to become, a director; or
      (ii) he is not a director but of which he has been at any time a director, secretary or permanent representative;
      (c) he is or has been employed by a relevant organisation; or
      (d) is a section 229 beneficiary.
      (3) The application shall:
      (a) contain:
      (i) a statement of the grounds on which the application is made;
      (ii) the name and any former name of the applicant;
      (iii) the usual residential address of the applicant that is to be made unavailable for public inspection;
      (iv) an address for correspondence in respect of the application;
      (v) the name and registered number of each company of which the applicant is or has been at any a director, secretary or permanent representative;
      (vi) the service address which is to replace that usual residential address on the register;
      (vii) subject to paragraph (4):
      (A) the date of birth of the applicant;
      (B) the name of each company of which the applicant proposes to become a director;
      (C) where the Registrar has allotted a unique identifier to the applicant, that unique identifier; and
      (b) be accompanied by evidence which:
      (i) where the grounds of the application are those described in paragraph (2)(a) or 2(b), supports the applicant's assertion that his application falls within the grounds stated in his application;
      (ii) where the grounds of the application are those described in paragraph (2)(c), establishes that the applicant is or has been employed by a relevant organisation;
      (iii) where the grounds of the application are those described in paragraph (2)(d), establishes that he is a section 229 beneficiary.
      (4) The application need not contain the information described at paragraph (3)(a)(vii) where the application is delivered to the Registrar on the same day as the applicant delivers a section 229 application.
      (5) The Registrar may refer to a relevant body any question relating to an assessment of:
      (a) the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to himself, or a person who lives with him, as a result of the activities of any company of which he is or proposes to become a director or has been at any time a director, secretary or permanent representative; or
      (b) whether the applicant is or has been employed by a relevant organisation.
      (6) The Registrar shall determine the application and send the applicant to the address for correspondence stated in his application, notice of his determination on the section 962 application within five working days of that determination being made.

    • 12. Application under section 962 to make an address unavailable for public inspection by a company

      (1) A section 962 application may be made to the Registrar by a company in respect of the addresses of:
      (a) all of its members and former members whose addresses were contained in:
      (i) an annual return; or
      (ii) a return of allotment of shares,
      delivered to the Registrar.
      (2) The grounds on which an application under paragraph (1) may be made are that the company making the application considers that, as a result of its activities, the availability to members of the public of the addresses described in paragraph (1) creates a serious risk that its members or former members or subscribers, or persons who live at those addresses, will be subjected to violence or intimidation.
      (3) The application shall:
      (a) contain:
      (i) the name of the applicant and its registered number; and
      (ii) a statement of the grounds on which the application is made; and
      (b) be accompanied by evidence:
      (i) which supports the applicant's assertion that its application falls within the grounds stated in its application; or
      (ii) where the court has made an order under section 122(3) (register of members: response to request for inspection or copy) directing the applicant not to comply with a request under section 121 (rights to inspect and require copies), a copy of that order.
      (4) The Registrar may refer to a relevant body any question relating to the assessment of the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to any of its members or former members or subscribers, or persons who live at the addresses described in paragraph (1), as a result of its activities by virtue of the availability to members of the public of particulars of the addresses of such members or former members or subscribers.
      (5) The Registrar shall determine the application and send the applicant to its registered office notice of his determination on the section 962 application within five working days of that determination being made.

    • 13. Application under section 962 to make an address unavailable for public inspection by a person who registers a charge

      (1) A section 962 application may be made to the Registrar by a person who:
      (a) has registered a charge under Part 24 of the Act (company charges); and
      (b) is not the company which created the charge or acquired the property subject to a charge,
      in respect of his address delivered to the Registrar for the purposes of that registration.
      (2) The grounds on which an application under paragraph (1) may be made are that the person making the application considers that there is a serious risk that he, or if applicable his employees, or persons who share a residence with him or his employees, will be subjected to violence or intimidation as a result of the activities of the company which is, or was, subject to the charge.
      (3) The application shall:
      (a) contain:
      (i) a statement of the grounds on which the application is made;
      (ii) the name of the applicant, and where the applicant is a company, its registered number;
      (iii) the address of the applicant that is to be made unavailable for public inspection;
      (iv) the name and registered number of the company which is or was subject to the charge;
      (v) an address for correspondence with the Registrar in respect of the application;
      (vi) where the applicant is the chargee, the service address which is to replace the address of the applicant on the register; and
      (b) be accompanied by evidence which supports the applicant's assertion that there is a serious risk that he or, if applicable, his employees, or persons who share a residence with him or his employees, will be subjected to violence or intimidation as a result of the activities of the company which is or was subject to the charge.
      (4) The Registrar may refer to a relevant body any question relating to the assessment of the nature and extent of any risk of violence or intimidation considered by the applicant to arise in relation to himself or, if applicable, his employees, or persons who share a residence with him or his employees, as a result of the activities of the company which is or was subject to the charge.
      (5) The Registrar shall determine the application and send the applicant to the address stated in the application in accordance with paragraph (3)(a)(v) notice of his determination on the section 962 application within five working days of that determination being made.

    • 14. Matters relevant to section 962 applications

      (1) For the purpose of Rules 11, 12 and 13 the Registrar may direct that additional information or evidence should be delivered to him, what such information or evidence should be and how it should be verified.
      (2) For the purpose of determining any section 962 application the Registrar may accept any answer to a question referred in accordance with Rule 11(5), 12(4) or 13(4) as providing sufficient evidence of:
      (a) the nature and extent of any risk relevant to:
      (i) where the grounds of the application are those described in Rules 11(2)(a) or 11(2)(b), the applicant;
      (ii) where the grounds of the application are those described in Rule 12(2), the subscribers or members or former members of an applicant; or
      (iii) where the grounds of the application are those described in Rule 13(2), where the applicant is an individual, the applicant, or any employees of an applicant,
      or to persons who share a residence with any of the above individuals or, in the case of members, former members or subscribers, to persons who live at their addresses, or
      (b) whether an applicant is or has been employed by a relevant organisation.

    • 15. Effect of a successful section 962 application

      Where a section 962 application has been determined in favour of the applicant the Registrar shall:

      (a) in the case of an application made under Rules 11(1) or 13(1) make the specified address unavailable for public inspection;
      (b) in the case of an application under Rule 12(1) make all of the members', former members' or subscribers' addresses unavailable for public inspection.