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← Companies Act 1981

Companies Act 1981 s 95

Companies Act 1981 s 95

s 95 Register of past directorships

(1) Section 200 of the 1948 Act (register of directors and secretaries) shall have effect subject to the following modifications. Companies Act 1981 c. 62 subsection (2)— (a) in paragraph (a) (particulars of directorships to be kept on the register) after the words “ particulars of any other directorships held by him ” there shall be inserted the words “ or which have been held by him ” ; (b) in the proviso (particulars not required to be kept on register) for all the words preceding the words “and for the purposes of” there shall be substituted the words— “Provided that it shall not be necessary for the register to contain on any day particulars of any directorship— (a) which has not been held by a director at any time during the five years preceding that day ; (b) which is held by a director in any company which— (i) is dormant or, in relation to the company keeping the register, is a relevant company ; and (ii) if he also held that directorship for any period during the five years immediately preceding that day, was for the whole of that period either dormant or such a relevant company ; (c) which was held by a director for any period during the five years preceding that day ina company which for the whole of that period was either dormant or, in relation to the company keeping the register, a relevant company;”;. the end of that subsection there shall be added the words (iii) a company shall be treated as being or as having been dormant during any period during which no transaction occurs which is or was a significant accounting transaction (within the meaning of section 12(6) of the Companies Act 1981) for that company ; and (iv) a company shall be treated as being or as having been at any time a relevant company in relation to any other company if at that time it is or was a company of which that other c. 62. Companies Act 1981 company is or was a wholly owned subsidiary or if it is or was a wholly owned subsidiary of that other company or of another company of which that other company is or was a wholly owned subsidiary.”. (3) The following subsection shall be substituted for subsection (7)— (7) If any inspection required under this section is refused or if default is made in complying with subsection (1), (2), (3) or (4) of this section, the company and every officer of the company who is in default shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction after continued contravention to a default fine not exceeding one-tenth of the statutory maximum.”. This subsection shall not have effect in relation to any offence committed before the appointed day. (4) Subsection (4) of section 200 (notification to registrar of changes in register) shall not apply in relation to any change in the particulars contained in a company’s register of directors and secretaries made solely by reason of the coming into force of subsection (2) above but if, after any such change has occurred and before the company makes its next annual return, any other change in those particulars occurs, the company shall send to the registrar a notification in the prescribed form of any such earlier changes and the date on which they occurred at the same time as it notifies the registrar of the later changes in accordance with section 200(4). _ Fraudulent trading

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