(a) Statutory Registers Companies are required to maintain a number of important registers, which are usually kept at the registered office and are open to public inspection. The registers are as follows: Register of members. Under s.113 Companies Act (CA) 2006 every company is under the obligation to keep a register of its members and to include the following information in that register: the names and addresses of the members, the date on which each person was registered as a member and the date at which any person ceased to be a member. It must also indicate the number and class of shares held and the amount paid on those shares. Registers of directors and secretaries. This requirement is set out in the CA 2006, ss.162–165 for directors and ss.275–278 for company secretaries. Section 163 sets out the details that have to be included in relation to directors and includes their present and former names, date of birth, nationality, a service address which need not be the home address of the director, and occupation. Under s.165 the company must keep a separate register of directors’ residential addresses, but this is not open to either ordinary members of the company or members of the public. Register of charges. Section 876 CA 2006 requires all limited companies to keep a register of all fixed charges affecting the property of the company and all floating charges on the undertaking or property of the company. Such registers must contain a short description of the property, which has been charged, the amount of the charge and the names of the persons who hold it. Companies are not required to maintain a separate register of debenture holders but where they do maintain such a register it shall be open to inspection (CA s.743). Register of interests in shares. This register is required under s.808 and relates to interests of a substantial nature in the voting shares of public limited companies. The level is currently set at 3%. In addition to the registers, companies also keep records of directors’ service contracts and indemnities, and records of resolutions and meetings of the company. |