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Register of members (Part 8 ss 116-119)

Frequently asked questions

• When will it be possible for a company to be relieved from the statutory obligation to allow anyone access to its register of members?
• What about people who have been relying on their ability to bring a case involving errors in a company’s register of members up till 20 years after the error was made
• Why are sections 121 and 128 being brought into force early
• What is a proper purpose for access to a company's register of members?
• How much may a company charge for a copy of its register of members.

When will it be possible for a company to be relieved from the statutory obligation to allow anyone access to its register of members?

Once a company has filed an Annual Return made up to a date after 30 September 2007, it will be subject to the 2006 Act’s provisions relating to access to its register of members. This means that:

• the request for access must include the name and address of the person seeking access and say what the information will be used for, whether it will be shared with anyone else and if so, to whom and for what purpose;

• the company must, within five working days, either comply with the request for access or apply to the court;

• the court will allow the company not to comply if it is satisfied that the access is not being sought for a proper purpose

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What about people who have been relying on their ability to bring a case involving errors in a company’s register of members up till 20 years after the error was made

There will be tapered implementation of section 128. That section will apply from 6 April 2008 to errors in the register of members made from that date onwards. In the case of errors made before that date, the case must be brought within twenty years after the error was made or ten years after commencement of section 128, whichever first occurs.

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Why are sections 121 and 128 being brought into force early

Sections 121 and 128 are being brought into force on 6 April 2008 so as to reduce the costs for companies of keeping old information.

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What is a proper purpose for access to a company's register of members?

It is for the court to determine whether any particular application is for a proper purpose.

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How much may a company charge for a copy of its register of members.

The fee depends on how long is the register. The fees for inspection and copying of company records and registers are set in Regulations.

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