(1)The registrar shall continue to keep records of—
(a)the information contained in documents delivered to the registrar under any enactment, , and
(b)certificates issued by the registrar under any enactment.
(2) The records relating to companies are referred to collectively in the Companies Acts as “the register”.
(3)Information deriving from an enhanced disclosure document (see section 1078) delivered to the registrar, must be kept by the registrar in electronic form.
(4)Subject to that, information contained in documents delivered to the registrar may be recorded and kept in any form the registrar thinks fit, provided it is possible to inspect it and produce a copy of it.
This is sufficient compliance with any duty of the registrar to keep, file or register the document or to record the information contained in it.
(5)The records kept by the registrar must be such that information relating to a company or other registered body is associated with that body , in such manner as the registrar may determine, so as to enable all the information relating to the body to be retrieved.
Cases considering section 1080 (4)
[2012] EWCA Civ 1159 · 24 August 2012Defines
The provision assigns the registrar the function of collating statutory company information and making it publicly available. This function informed the distinction between receipt and registration (see paras [19]; [42]–[48]).
The information maintained by the registrar constitutes the register (see para [19]).
The register is maintained electronically, enabling administrators and the public to check whether registration has occurred online (see paras [19]; [49]).
All information relating to a company must be capable of retrieval together, notwithstanding the registrar’s discretion over the register’s form (see para [19]).
[2021] EWHC 215 (Ch) · 5 February 2021Limits
The court considered the Registrar’s duty to keep records, but held that the duty did not require retention of schedules which should not have been registered. (see paras [15]-[16]; [33])
[2014] EWHC 1466 (Ch) · 13 May 2014
Confirms the Registrar’s duty to keep records of information contained in documents delivered under an enactment, subject to the statutory and rule-based mechanisms permitting removal or replacement. (see paras [19]; [57]; [61])
What each judgment says about section 1080 is in the case-law panel in the full Act.
1386.This section imposes an obligation on the registrar to keep a record of the material received. It gives a discretion as to the form in which the record is kept. Subsection (3) provides that this discretion is subject to the terms of the amended First Company Law Directive (68/151/EEC), Article 3.2 of which requires any documents and particulars it covers which are delivered on after 1 January 2007 to be retained in electronic form. The documents covered by this obligation are those set out in section 1078.