IDG30320 - Confidentiality when dealing with the customer: disclosure to companies and partnerships: company directors
General
Directors of limited companies are responsible for the financial affairs of their company. This includes submitting company accounts to HMRC and Companies House, and accounting for any tax due.
Because of these responsibilities, HMRC considers the directors of a company to be representative of the ‘person to whom the information relates’ as required by Section 18 CRCA (see IDG40120).
In essence, only current directors of ‘live’ companies can authorise disclosure, former directors have no information rights.
Procedure for disclosing
The status of the company will determine what information may lawfully be disclosed, and when:
Dealing with trading or solvent companies
The directors of a trading or solvent company are entitled to be provided with information held about their company’s tax affairs.
Dealing with insolvent companies
Once a company becomes insolvent, its directors cease to be responsible for their former company's affairs. Instead, responsibility passes to the Official Receiver or an insolvency practitioner. For further information about dealing with the disclosure of information in such circumstances please see IDG40600.
Dealing with dissolved companies
Once a company is struck off the Company register or is dissolved, no one is in position to run the former company’s affairs. This means information cannot be disclosed because no one is authorised to give their consent for disclosure.
Further information
Please contact your Security & Information Business Partner (SIBP).