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New Clause 16 — Names and addresses of members of companies: company application

Part of Orders of the Day – in the House of Commons at 4:45 pm on 18th October 2006.

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Photo of Mike O'Brien Mike O'Brien Solicitor General, Law Officers' Department 4:45 pm, 18th October 2006

What I am saying is that, under clause 117, the court can enable—order, in fact—a company not to provide information requested. So the company will be in a position to make such order as it believes is appropriate when an application is made. The court would then be able to deal with concerns about shareholder democracy and other issues, which might properly be raised by shareholders. But there is nothing in new clauses 16 and 17 that would enable that to occur.

New clause 16 would also have unwarranted side-effects. Entry in the register of members is evidence of a member's entitlement. That would be lost for any company with a confidentiality order. The loss of the ability to check the register would create a risk that registers of private companies with confidentiality orders would not be properly maintained.