Companies Act 2006, section 1139

Service of documents on company

Part 37 Companies: supplementary provisions

(1)A document may be served on a company registered under this Act by leaving it at, or sending it by post to, the company's registered office.

[F1566 (2)A document may be served on an overseas company whose particulars are registered under section 1046—

(a)by leaving it at, or sending it by post to, the registered address of any person resident in the United Kingdom who is authorised to accept service of documents on the company's behalf, or

(b)if there is no such person, or if any such person refuses service or service cannot for any other reason be effected, by leaving it at or sending by post to any place of business of the company in the United Kingdom.

(3) For the purposes of this section a person's “registered address” means any address for the time being shown as a current address in relation to that person in the part of the register available for public inspection. F1566]

[F1566 (2)A document may be served on an overseas company whose particulars are registered under section 1046—

(a)by leaving it at, or sending it by post to, the company’s registered address, or

(b)by leaving it at, or sending it by post to, the registered address of any person resident in the United Kingdom who is authorised to accept service of documents on the company’s behalf.

(3) In subsection (2) “registered address”—

(a)in relation to the overseas company, means the address for the time being registered for the company under regulations under section 1048A(1)(a);

(b)in relation to a person other than the overseas company, means any address for the time being shown as a current address in relation to that person in the part of the register available for public inspection.F1566]

(4)Where a company registered in Scotland or Northern Ireland carries on business in England and Wales, the process of any court in England and Wales may be served on the company by leaving it at, or sending it by post to, the company's principal place of business in England and Wales, addressed to the manager or other head officer in England and Wales of the company.

Where process is served on a company under this subsection, the person issuing out the process must send a copy of it by post to the company's registered office.

(5)Further provision as to service and other matters is made in the company communications provisions (see section 1143).

Read section 1139 in the full Act → Definitions (6) Cases (16)

Definitions used in section 1139

company

“company” means a company formed and registered under this Act, that is—

(a)

a company so formed and registered after the commencement of this Part, or

(b)

a company that immediately before the commencement of this Part—

(i)

was formed and registered under the Companies Act 1985 (c. 6) or the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)), or

(ii)

was an existing company for the purposes of that Act or that Order,

(which is to be treated on commencement as if formed and registered under this Act).

Defined in s.1(1) · see it in the full Act

(4) In this section and that Schedule “company” includes any body corporate.

Defined in s.1159(4) · see it in the full Act
overseas company

In the Companies Acts an “overseas company” means a company incorporated outside the United Kingdom.

Defined in s.1044 · see it in the full Act
the register

(2) The records relating to companies are referred to collectively in the Companies Acts as “the register”.

Defined in s.1080(2) · see it in the full Act
the court

(1) Except as otherwise provided, in the Companies Acts “the court” means—

(a)in England and Wales, the High Court or the county court;

(b)in Scotland, the Court of Session or the sheriff court;

(c)in Northern Ireland, the High Court.

Defined in s.1156(1) · see it in the full Act

(2) The provisions of the Companies Acts conferring jurisdiction on “the court” as defined above have effect subject to any enactment or rule of law relating to the allocation of jurisdiction or distribution of business between courts in any part of the United Kingdom.

Defined in s.1156(2) · see it in the full Act
officer

“officer”, in relation to a body corporate, includes a director, manager or secretary;

Defined in s.1173(1) · see it in the full Act
the company communications provisions

(1) The provisions of sections 1144 to 1148 and Schedules 4 and 5 (“the company communications provisions”) have effect for the purposes of any provision of the Companies Acts that authorises or requires documents or information to be sent or supplied by or to a company.

Defined in s.1143(1) · see it in the full Act

Cases considering section 1139 (16)

Ashley & Ors vTesco Stores & Ors

[2015] EWCA Civ 414 · 15 January 2015Interprets

The court interpreted section 1139 as giving unqualified permission to serve a company registered under the Act at its registered office. That statutory method was incorporated into Part 6 and counted as a method permitted by section II for CPR 6.40(2). (see paras [13]-[18]) The court applied section 1139(1) to hold that service at the Scottish company’s registered office was valid under an unqualified statutory method and attracted the six-month period in CPR 7.5(2). (see paras [13]-[15], [22])

DG Resources Limited v The Commissioners for HMRC

[2026] EWHC 201 (Ch) · 5 February 2026Limits

Provides the general rule that a document may be served on a registered company by leaving it at or posting it to the registered office. The court held that this general rule is displaced for winding-up petitions by the exclusive code in Schedule 4 to the <span class="legis">Insolvency Rules 2016</span> (see paras [12]-[14]; [21]-[23]).

Titan Wealth Services Limited & Anor v Tavistock Investments PLC & Ors

[2025] EWHC 3381 (Comm) · 11 December 2025

The court applied s 1139 to conclude that a UK establishment permitted service within the jurisdiction without permission to serve out. The merits of the claims therefore formed no part of the jurisdiction analysis (see paras [58]-[64]).

What each judgment says about section 1139 is in the case-law panel in the full Act.

Explanatory note

1458.This section replaces section 725 of the 1985 Act. It ensures that there is a place at which a document may be served on companies registered under the Act. It also applies to overseas companies registered in accordance with regulations made under section 1046. Subsection ( 4) enables court service on a company registered in Scotland or Northern Ireland at the company’s principal place of business in England and Wales. (Since this is a provision about court service, the rules on companies registered in England and Wales carrying on business elsewhere in the UK will be found in the relevant legislation in those parts of the UK.) Subsection ( 5) makes clear that this section is supplemented by the “company communications provisions” referenced by section 1143.

All the explanatory notes for the Act

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F1566S. 1139(2)(3) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 100(3), 219(1)(2)(b) text substituted prospectively or the amendment may be in effect for limited purposes, see the commentary.

Modifications

  1. C1758S. 1139 modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 6(1)(4)
  2. C1759Ss. 1139-1142 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 75
  3. C1760S. 1139 applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 27, Sch. 6 Pt. 2 para. 5(4)
  4. C1761S. 1139 modified (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 para. 5(c) (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 21(7)(b))
  5. C1762S. 1139(1)(4) applied (6.4.2007) by The Companies Acts (Unregistered Companies) Regulations 2007 (S.I. 2007/318), reg. 3, Sch. (with reg. 6)
  6. C1763S. 1139(2) applied (E.W.) (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rule 1, Sch. 4 para. 1(4) (with rule 3(3), Sch. 2)

Commencement

  1. I410S. 1139 wholly in force at 1.10.2009; s. 1139 not in force at Royal Assent see s. 1300; s. 1139 in force for specified purposes at 6.4.2007 by S.I. 2007/1093, art. 2(2)(e) (with art. 11(1) and subject to transitional adaptations in Sch. 1 para. 5); s. 1139 in force for further specified purposes at 6.4.2008 by S.I. 2007/3495, art. 3(3)(h) (with savings in arts. 7, 12); s. 1139 in force otherwise at 1.10.2009 by S.I. 2008/2860, art. 3(t) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18) this amendment is subject to savings and/or transitional provisions, see the commentary. text for certain specified purposes only, see the commentary.