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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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I am a director of a private members club that is a limited

Customer Question

I am a director of a private members club that is a limited Company. A member has requested a list of members and their addresses. I have refused on the grounds that they have not given their permission and it therefore contravenes the Data Protection Act. He came back with an argument that we have to give the list by law to a member who requests it. Is he correct?
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Thanks for your questions. I am afraid to say the member is correct - well almost- he is entitled to inspect the register for free - if he wants a copy there is a fee to be paid. I am assuming this is an English or Welsh company and the club members are also members of the company. If it is then its register of members has always been a public document. Under s116 of the Companies Act 2006 the members register must be open to inspection by the members free of charge and by third parties on payment of the prescribed fee which is usually contained in the Articles. If someone wants a copy then they are entitled to it but again have to pay the prescribed fee.
Until the 2006 act there were no grounds for refusal. It is now possible to refuse if the company believe it is not for a proper purpose but you have to actually go to court to get a court order sanctioning the refusal. I would I imagine be completely disproportionate to go to court over this.

so yes you have to give it to him - in fact he can get it from companies house if your annual returns are unto date


These are the current fees if you want to charge:

£1 for each of the first 5 entries;
(b) £30 for the next 95 entries or part thereof;
(c) £30 for the next 900 entries or part thereof;
(d) £30 for the next 99,000 entries or part thereof; and
(e) £30 for the remainder of the entries in the register or part thereof.
Customer: replied 3 years ago.

Thank you for your prompt reply. However, you state that: "in fact he can get it from companies house if your annual returns are unto date"


Surely we do not have to supply a list of members to Companies House? I thought that only directors had to be listed.

Expert:  Senior Partner replied 3 years ago.
Thanks. Apologies for the typo. i meant "Up to date".

Are members shareholders? If so yes you are obliged to file a list of shareholders every 3 years and notify changes in between.

If it is a company limited by guarantee then no you don't have to list members.
Customer: replied 3 years ago.

Thanks for your prompt answers.


Just another thought, the members are not shareholders so we do not have to supply their details to Company House. Does this also mean that we do not have to give the list to the member requesting it?

Expert:  Senior Partner replied 3 years ago.
If the members are simply paying members who are neither shareholders nor members of a company limited by guarantee then no you do not have to provide that information and indeed you would be subject to data protection.

If the club is run as a proprietary club like a gym and many golf clubs, the members have no ownership interest and are simply paying under a contract.
Customer: replied 3 years ago.

It is an old, private members club, that was formed in 1939. It is a limited company by guarantee. In the Articles of Association there is a liability of 5 shillings each if the club was wound up.

Expert:  Senior Partner replied 3 years ago.
Well in that case they are members and you have to disclose the register of members I am afraid. Sorry.
Customer: replied 3 years ago.

Thank you.


If that is the case, does the register of members, apart from directors, provided to Companies house, require their address? Will their names be sufficient?

Expert:  Senior Partner replied 3 years ago.
As i mentioned previously , a member is entitled to inspect the register but has to pay if he wishes copies. He is entitled to the full detail including addresses.

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