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I am the company secretary for an RTM company. A few leaseholders have sent me a formal request for the inspection of the register of members
"With regard to Section 116 sub sections (1) and (2) of Companies Act 2006, We make a formal request to you in the capacity of Valid Members of xxx LTD to provide List of Members of the said company"
The Companies Act 2006 obviously pre-dates the new GDPR guidelines, and a number of leaseholders have already expressed concern about me allowing other members to view the contact details. Some have even expressed a desire to be removed from the register.
Does anyone know the new guidelines on this? Do I have to comply with the request, and if so, what data am I obliged to show them?
Does the data you want to reveal differ from what is available to the public on companies house register?
All opinion and advice given should not be relied upon and the usual due diligence should be undertaken in all cases.
Yes, this just displays the officers, and not the full list of its members (i.e the leaseholders)
Interesting question, I have no idea.
Though if the request was to come to me, id be showing them a list of all the leaseholders names (as per title register), the leasehold property they own, date they became a member. Similar to a "normal" companies Register of Members.
I would not of thought of providing the personal details - such as residential address, telephone, email or so forth. These do not tend to me on a typical register in any event.
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I was thinking along the same lines as you, but I found this on the web, which does state that we have to supply address of the member. Most of the leaseholders are not occupiers, and so the property address would be different to the contact address.
Therefore I am looking for clarification if GDPR superseeds the 2006 Companies Act
All companies limited by guarantee (as well as other types of company) are required to keep a Register of Members under the Companies Act 2006.
The Register of Members of a company limited by guarantee must state:
- names and addresses of the members;
- the date on which each person was registered as a member;
- the date at which any person ceased to be a member.
Hmm, It could be loosely interpreted as the leasehold address. Perhaps Leasehold Advisory Service can shine some light on it ( https://www.lease-advice.org/ ) they provide free call timeslots.
I just spoke to them (for anyone interested, you can book a free 15 min time slot and I was lucky to get one today).
they advised that there IS an obligation to allow other leaseholders to inspect the register of members, but the register need only contain the name and the linked address (of the property within the development).
they do NOT need to show the personal information (such as email address, phone number, and correspondence address)
Perfect, it certainly is a very handy service.
Hi dmendez Interesting question. I would contact the ICO for clarification. There's a helpline, live chat or you can email.
GDPR does not trump any legal obligations. a legal duty is one of the gateways.