Removal Of Documents From The Public Register

Recently there has been an increase in the number of requests we receive for documents to be removed from the public register. We thought that it might be helpful if we explained our position on the subject post Companies Act 2006.

Under the CA 2006, the registrar has two powers in which he can remove documents:

• administrative removal from the register (Section 1094), and
• rectification of the register (Section 1095 and Registrar of Companies and Applications for Striking Off Regulations 2009)

Under section 1094, the registrar can administratively remove from the register:

• unnecessary material, or
• material derived from a document that has been replaced because it was not properly delivered or was replaced following of an inconsistency notice

There are two clear limits to the registrar’s power to remove material under section 1094. He cannot remove from the register anything he had to accept, nor material whose registration has had legal consequences in relation to the company or LLP.

Secondly, under section 1095 which only relates to certain material specified in the Registrar of Companies and Applications for Striking Off Regulations 2009, and only enables the material to be removed if it:

• derives from anything invalid or ineffective, or was done without the authority of the company or LLP; or
• is factually inaccurate or is derived from something that is factually inaccurate or forged.

This process allows the registrar to deal with, for example, company hijacks and false material where the matter is straightforward and uncontested. Company hijacks are where unauthorised people file documents changing, for example, the directors and registered office address of a company, most likely for criminal purposes.

For more detailed information on the above and information on how to apply, please refer to our Registrar’s Rules and Powers guidance.