Any obligation under the Companies Acts to give a person's address is, unless otherwise expressly provided, to give a service address for that person.
Definitions used in section 1142
- the Companies Acts
(1) In this Act “the Companies Acts” means—
(a)the company law provisions of this Act,
(b)Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) (community interest companies), and
(c)the provisions of the Companies Act 1985 (c. 6) and the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9) that remain in force.
Defined in s.2(1) · see it in the full Act- service address
(1) In the Companies Acts a “service address”, in relation to a person, means an address at which documents may be effectively served on that person.
Defined in s.1141(1) · see it in the full Act
Cases considering section 1142 (3)
Ishtiaq Baig v Zoheb Hassan
Considers the statutory definition of service address. The court held that the definition does not make compliance with the service-address conditions a prerequisite to using a registered address under section 1140 (see paras [72]-[76]).
Yermek Alimov v Abdumalik Mirakhmedov & Ors
Confirms that an obligation to give an address under the Companies Act generally means a service address, but does not supply an independent rule for serving proceedings (see para [65]).
Idemia France SAS v Decatur Europe Ltd & Ors
Confirms that references in the Companies Acts to a person’s address generally mean a service address unless otherwise provided. This supported the statutory construction adopted for s 1140. (see para [127])
What each judgment says about section 1142 is in the case-law panel in the full Act.
Explanatory note
Amendments and notes
1 notes from legislation.gov.uk
Modifications
- C1771Ss. 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
1461.This section is a new provision. It qualifies requirements elsewhere to give an "address". Unless the requirement is for a particular kind of address (say, the usual residential address), the section makes clear that a service address (as defined in the previous Section) is what is required.