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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.

Whilst there are a variety of circumstances in which people may want information removed from the public record, Companies House has no statutory power to do this. Even the courts have only limited jurisdiction to order amendments to the public register. Those wishing to obtain a court order to remove a document from the register may wish to consider seeking independent legal advice. Such legal advice would need to include consideration of firstly whether the applicant was eligible to apply to the court and secondly whether the court had standing to order the removal of the document in question.

It would be helpful if Companies House were to see the draft application for an Order of Court, which required removal of a document from the register. This should enable any objections the Registrar may have to the proposed order to be highlighted before the matter gets to court. One objection to the proposed order would be where the Registrar had concerns about the court's jurisdiction to instruct her to make the amendments to the public record that are envisaged by the proposed Order. Where the Registrar has no objection to the proposed Order she would not normally need to be represented at the hearing.

Enquiries:

Tess Savigear
Examination Policy
Tel: 029 2038 1295
E mail: tsavigear@companieshouse.gov.uk

Phil Coates
Policy and Planning
Tel 029 2038 8300

E-mail: Pcoates@companieshouse.gov.uk

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