One of the key changes introduced as part of the Economic Crime and Corporate Transparency Act (ECCTA) was the introduction of new rules for registered office addresses. The ECCTA introduced new statutory objectives for the Registrar of Companies which they must promote when performing their functions. The changes took effect from 4 March 2024.
Under the new rules registered office addresses companies must, at all times, have an 'appropriate address' as their registered office.
An address is an 'appropriate address' if, in the ordinary course of events:
- a document addressed to the company, and delivered there by hand or by post, would be expected to come to the attention of a person acting on behalf of the company; and
- the delivery of documents there is capable of being recorded by the obtaining of an acknowledgement of delivery.
If a company's registered office address fails to meet the necessary requirements, it is deemed unsuitable. In such cases, Companies House may take action against the company and its officers for committing an offense.
If Companies House determines that a company's registered office is inappropriate, it can be changed to a default address maintained by Companies House. Should a company's registered office be moved to this default address it must provide a suitable address and proof of ownership within 28 days. Otherwise, Companies House may initiate proceedings to strike the company from the register.
Companies using an agent's address or another third-party provider's address as their registered office, must ensure the address meets the requirements for an appropriate registered office address.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
