Q. When will it be possible for a company to be relieved from the statutory obligation to allow anyone access to its register of members?
A. Once a company has filed its 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:
Q. Who does the restriction to the register of members (section 6 – 116) apply to?
A. This restriction applies to all external requests to view the register of members from outside the company.
Q. As a result of a request to see the register of members what information can the company ask for?
A. The requester's name and address, or if an organisation an individual's name, plus the purpose of the request and whether the information will be shared with anyone else and if so, to whom and for what purpose. It is an offence to make a false statement when providing the details required for disclosure.
Q. What options do the company have with regards to disclosure of the register of members information?
A. The company must, within 5 working days, either comply with the request or apply to the court to restrict the access to the Register.
Q. When would the court allow the company not to comply with the request for access?
A. The court would only allow the company not to comply if it is satisfied that the access is not being sought for a proper purpose.
Q. What is a proper purpose for access to a company's register of members?
A. It is for the court to determine whether any particular application is for a proper purpose.