The director address exemption allows company directors or secretaries to protect their personal safety by requesting that their residential address is not publicly disclosed in company filings. Under Section 150(11) of the Companies Act 2014, individuals can apply for this exemption from having their residential address displayed in the Companies Registration Office (CRO) records. Successful applicants will have their company’s registered office address recorded instead.
Key Requirements of the Form T1 Process
The Form T1 must be filed separately for each company a person is involved with as an officer. It’s crucial to ensure that the Form T1 is submitted for each company where applicable, as it does not cover all of an individual’s company directorships by default. Additionally, once a document is submitted to the CRO, it cannot be amended or removed. Therefore, Form T1 cannot be used to make retroactive changes to previously submitted documents.
Steps to Apply for the Director Address Exemption
If a company officer wishes to have their residential address exempted, the following steps must be followed:
- Submit a Request with Form T1:
The officer submits the Form T1 along with their request for an exemption to the Registrar in a sealed envelope marked “For the Attention of the Registrar.”
If the officer is being newly appointed or their address is being updated, a Form A1 or B10 (depending on the situation) must be included. - Supporting Statement from Garda Síochána:
A supporting statement from a Garda officer, not below the rank of Chief Superintendent, is also required. This statement must specify that the officer’s residential address should be exempt from disclosure for reasons related to personal safety or security. - Cover Page and Submission:
The completed Form T1, accompanied by the supporting statement, must be sent to the CRO at:
The Companies Registration Office
Bloom House, Gloucester Place Lower, Dublin 1. - Approval and Activation:
If the Registrar is satisfied that all necessary documentation has been properly completed, the exemption will be granted. The exemption will take effect from the date the Form T1 is registered.
Practical Considerations for Directors and Secretaries
If a director wishes to take advantage of the Form T1 process, it is important to be mindful of the following:
- Additional Information Requirement: Despite the exemption from disclosing the residential address, other details such as PPSN, date of birth, and directorships must still be provided on the relevant forms.
- Post-Exemption Address Updates: After the Form T1 is registered, it is the individual’s responsibility to ensure that their address remains undisclosed on future CRO forms. If the company changes its registered office address, the director must file a B10 form to update the address to the new registered office.
- Timely Submission: Ensure that the Form T1 is filed promptly to avoid complications or failure to protect the residential address.
Common Pitfalls to Avoid
- Failure to File Form T1 Correctly: Ensure that Form T1 is filed separately for each company the officer is associated with.
- Ongoing Obligation to Update Information: It is important to update the registered office address promptly with the B10 form if the company changes its location. The exemption only applies if the officer’s address remains confidential on subsequent filings.
Conclusion
The Form T1 process under S.150(11) CA 2014 provides a vital safeguard for company officers who may face personal safety concerns related to the disclosure of their residential address. By following the proper procedure, including submitting the required forms and supporting documentation, officers can ensure their privacy is maintained in the public company register. If you need assistance with the process or have any questions, please contact our team
