Company formation Registration - HOME

Grounds of the application
Application by an individual to restrict the disclosure of their residential address
Application by a company, LLP or overseas company to restrict the disclosure of its officers addresses
Application by a subscriber of a proposed company or proposed member of a proposed LLP
Application by an individual to make an address unavailable for public inspection
Application by a company to make the addresses of its members unavailable for public inspection
Application by a person who registers a charge to make an address unavailable for public inspection
The registrar s decision
Quality of documents
Further information


The registrar’s decision


1. How long does it take for the registrar to reach a decision?

We may refer to a relevant body any question relating to the assessment of the nature and extent of the risk of violence or intimidation you face. This can take up to 4 weeks and the registrar cannot make a determination until this information is supplied.

If you have included any documents for registration with your "section 243" application we will register the documents but temporarily restrict the disclosure of your protected information until a decision is reached.

Once a decision has been determined we will notify you within 5 working days of that date.

The notice will be sent to:

where a section 243 application is made by an individual, that person’s usual residential address;
where a section 1088 application is made by an individual, the address for correspondence given in the application;
where a section 243 application is made by a company, LLP or overseas company – the registered office and the usual residential address of each officer listed in the application;
where a section 1088 application is made by a company, the registered office;
where a section 243 application is made by the subscriber to the memorandum of association or by a proposed LLP member – the person making the application and the usual residential address of each proposed officer listed in the application; and
where a section 1088 application is made by a person who registers a charge, the address for correspondence given in the application.


2. What is the effect of a successful "section 243" or "higher protection" application?

When a decision has been granted in your favour you will be known as a "section 243 beneficiary" or in the case of an overseas company an officer with "higher protection".

This means any forms you deliver to Companies House must show that you are a "section 243 beneficiary" or an officer with "higher protection", for overseas companies. On paper forms you need to tick the box on the page where you give your usual residential address information. These forms must then be sent to The Registrar of Companies, PO Box 4082, Cardiff CF14 3WE to ensure it is processed by the appropriate team.

For companies making electronic filings there will be a similar marker on the screen which you must complete to ensure this is passed to the appropriate area. This facility is not available for LLPs and overseas companies because they cannot file electronically.

If you fail to mark your filings we may not be aware you are a "section 243 beneficiary" or an officer with "higher protection" and you risk the protected information being disclosed to credit reference agencies.

You should also inform anyone that files on your behalf of this requirement to ensure continued protection.

3. What is the effect of a successful "section 1088" application?

When a decision has been granted in your favour Companies House will:

make the address specified in the application unavailable for public inspection from the documents listed in the application; and
where the section 1088 application has been made by a company; make all the members’ or former members’ addresses unavailable for public inspection from the documents listed in the application.


4. What if my application is unsuccessful?

If your application is unsuccessful you may appeal to the High Court – or in Scotland to the Court of Session – on the grounds that the decision is unlawful, irrational or unreasonable, or has been made on the basis of impropriety or otherwise contravenes the rules of natural justice. You can only make an appeal if the leave of the court has been obtained.

An appeal should be made within 21 days of the date of the notice or with the court’s permission at a later date. Where permission is sought within the 21 days the court would need to be satisfied that there is good reason why an appeal cannot be made within that time. Where permission is sought outside the 21 days the court would need to be satisfied that there is good reason for the failure to make the appeal in time and the delay in applying for permission.

The court may dismiss the appeal or quash the decision. If the court quashes the decision the matter is referred back to the registrar.

5. How long does the decision last?

The "section 243" decision is indefinite unless either:

the "section 243 beneficiary" or their personal representative notifies the registrar in writing that they wish the decision to cease; or
the registrar has made a revocation decision.
The "section 1088" decision continues until the registrar makes a revocation decision.

6. What happens when the decision is revoked?

The registrar may revoke a decision at any time if he is satisfied that the beneficiary, or any other person, is found guilty of a general false statement offence under section 1112 of the Companies Act 2006, and related legislation.

Before revoking a decision the registrar will send a notice to the beneficiary of the intention to revoke their decision. This notice will invite you to make representations to why the decision should not be revoked. You will have 28 days from the date of the notice in which to respond. If you do not do so then a decision will be made at the end of that time and the usual residential address will be placed on the public file.

If you do make representations then they will be taken into consideration as to whether the decision is to be revoked or not. The registrar will issue a notice of his decision to the beneficiary within 5 working days of making the decision.