Company Law Update – Disclosure of directors’ full dates of birth

Under the current system, when a director is appointed to a company, his or her full date of birth is noted on the appointment form filed at Companies House and is available on the public register. There have been concerns that the availability of such information can facilitate identity fraud.  Due to these concerns, with effect from 10 October 2015 the public register will no longer contain the “day” part of the date of birth of a director, although directors will be still required to provide their full date of birth to Companies House.

However, Companies House are not currently proposing to redact the “day” part of the directors date of birth from Companies House historic fillings and therefore the full date of birth of a director will remain on the public register where that information was provided to the Registrar before 10 October 2015.

However, it needs to be noted that under the new regime, the Registrar will be able to disclose full date of birth information to credit reference agencies. The Secretary of State also has the power to make regulations to allow the Registrar to disclose the information to specified public authorities. These regulations have now been published – the Companies (Disclosure of Date of Birth Information) Regulations 2015 (the 2015 Regulations) – and will come into force on 10 October 2015.

The 2015 Regulations list the public authorities that may receive date of birth information (eg the Director of Public Prosecutions, the Serious Fraud Office and the Financial Conduct Authority) and also specify the conditions that must be met before the information can be disclosed. They also include the conditions that must be satisfied before date of birth information is disclosed to a credit reference agency.

Please do not hesitate ti contact the Corporate Commercial department at Slater Heelis LLP if you have any further questions.