(1) The register of members is prima facie evidence of any matters which are by this Act directed or authorised to be inserted in it , except for any matters of which the central register is prima facie evidence by virtue of subsection (2) .
(2)The central register is prima facie evidence of any matters about which a company was required to deliver information to the registrar under Chapter 2A by virtue of an election under section 128B at any time before the repeal of that Chapter (including that section) by the Economic Crime and Corporate Transparency Act 2023.
(3)Subsection (2) does not apply to information required to be included in a statement under section 128B(5)(b) or in any updated statement under section 128B(6) before their repeal by that Act.
(4)
In this section “the central register” means the register kept by the registrar (see section 1080).
Cases considering section 127 (7)
[2024] EWCA Civ 934 · 5 August 2024
The court confirmed that the register is prima facie evidence of the matters required to be entered, not conclusive evidence in every respect. That conclusion accommodates the statutory exceptions in section 112 while retaining the ordinary register-based rule until rectification (see paras [51]-[52]).
[2023] EWHC 2805 (Ch) · 13 October 2023Limits
The court considered section 127’s provision that the register is prima facie evidence of matters directed or authorised to be inserted in it, but held that the statutory scheme nevertheless made the register conclusive as to membership at the time of the resolution. (see paras [34]; [49]-[50])
[2022] EWHC 2872 (Ch) · 14 November 2022Interprets
The court treated the register of members as prima facie evidence that Mr and Mrs Gill were the registered shareholders of JIL and that Mr Gill was the registered shareholder of Simicare until the 2018 alterations. (see para [123])
What each judgment says about section 127 is in the case-law panel in the full Act.
252.These sections restate sections 359, 360 and 361 of the 1985 Act.