Directors need to keep a watch on registered addresses

A case arising out of a non-payment of a solicitors’ bill provides a reminder to company directors of the importance of monitoring the address listed at Companies House for the service of documents on them. All directors are required to register their usual residential address at Companies House and may, if they wish to keep their home address off the public record, register another address for the service of documents.

In Farrer & Co LLP v Meyer, the Court confirmed that service of proceedings on a director at their registered address under section 1140 of the Companies Act 2006 is valid and effective, even if the documents being served are unrelated to the affairs of the company. Furthermore, service of documents at a former registered address would be valid for 14 days after the date that the registered address is changed.

In the case before the Court, Farrer & Co were seeking payment of an invoice for services from Meyer, an US citizen who was resident in Switzerland.  The Court papers were served on an address registered in relation to one of Meyer’s directorships of an English company, and Farrer & Co consequently obtained judgment in default. Meyer made an application to set aside the judgment on the grounds that the documents had not been properly served on the defendant. The application was refused, even though the proceedings for recovery of the unpaid debt were unrelated to the company at whose registered office the papers were served.

As a consequence of this, directors must remain aware of any addresses at which they might be registered for service as directors, and ensure that their details are kept up to date.

To speak to a member of our Corporate and Commercial team, please call 01689 887 887.