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Form EW05 UK: Withdraw Members' Register Election

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Part ofCompanies House Forms UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If your company previously elected to keep its register of members on the public record at Companies House, that decision is not permanent. Form EW05 is the notice you file when you want to pull back from that arrangement and return to keeping the register privately at the company's own registered office or SAIL address. It is a short administrative filing, but the consequences for what information stays public and what moves back into private company records are worth thinking through before you send it. This page explains what EW05 does, when companies typically use it, what section 128J of the Companies Act 2006 says about the withdrawal process, and the practical steps for filing it. If you want to talk through whether withdrawing is the right move for your company, you can book a call with an experienced legal adviser at the bottom of this page.

What this document is

Form EW05 is the Companies House notice used to withdraw an election that was originally made under section 128B of the Companies Act 2006. That original election allowed private companies to keep their register of members at Companies House instead of maintaining it privately.

Filing EW05 reverses that choice. Once the registrar processes the notice, the company is back under its usual Chapter 2 duty to maintain a register of members itself. The withdrawal takes effect on the date the registrar registers the notice, not the date you post or upload it.

From that point forward, the company must record current members' details in its own register, retain the historic information that was required to be preserved while the election was in force, and keep the register available for inspection in the ordinary way. Information relating to the period covered by the election that is no longer current does not need to be transferred back into the company's own register, which is a useful detail when the share register has changed significantly during the election period.

How to use this document

  1. Confirm a section 128B election is actually in place. Before filing EW05, make sure the company has previously elected under section 128B to keep its members' information on the public register. If no election was ever made, there is nothing to withdraw and this form is not the right filing. You can check the company's filing history on the Companies House service.
  2. Prepare your company details accurately. You will need the exact registered company name as it appears on the register, the company number, and the registered office address. Any mismatch with the Companies House record can cause the filing to be rejected, so copy these details directly from the current public record rather than relying on memory or outdated paperwork.
  3. Decide where the register will be kept going forward. Once the withdrawal takes effect, the company must hold its register of members at its registered office or at a SAIL address notified to Companies House. Make sure you have a proper register in place ready to receive the current members' information on the day the withdrawal is registered, so you are not in breach of the Chapter 2 duty even briefly.
  4. File the form and note the effective date. Submit Form EW05 to Companies House. The withdrawal does not take effect when you send it, it takes effect when the registrar registers the notice. Keep an eye on the filing history so you know the precise date your company's obligations switch back to maintaining the register privately.
  5. Update internal records after registration. Once the withdrawal is live, enter all current members' information in the company's own register, retain the historic information the company was required to keep under section 128D(3)(a) while the election was running, and update company procedures so that future changes to membership are recorded in the private register rather than being filed publicly.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q What does Form EW05 actually do?
It withdraws a company's earlier election to keep its register of members on the public record at Companies House. Once registered, the company goes back to maintaining its own register of members privately, in the ordinary way required by the Companies Act 2006. The change takes effect on the date the registrar registers the withdrawal notice.
Q Will the historic members' information disappear from the public register?
Not immediately, and not in every sense. Information that was filed during the period the election was in force remains part of the public filing history. Going forward, new changes to membership are recorded privately by the company. The public record of what was filed while the election was live is generally preserved for transparency.
Q Is there a filing fee for EW05?
Companies House fees are updated from time to time, so rather than quote a figure that may be out of date, check the current fee schedule on gov.uk before filing. Some company filings are free while others carry a charge, and it is worth confirming before you submit to avoid any delay in processing.
Q Who can sign and submit the form?
The form is submitted on behalf of the company, so it is typically signed by a director, the company secretary, or another authorised person such as a presenter acting for the company. Whoever signs should be authorised to make filings to Companies House and should confirm the information is correct before submission.
Q Do I need member consent to withdraw the election?
The original election under section 128B required unanimous member assent. The statute sets out how withdrawal works under section 128J, and the process is a company notice to the registrar rather than a fresh member vote in the same form. If you are unsure how your articles or any shareholder agreement interact with this decision, it is worth getting a steer before you file.
Q When does the withdrawal take effect?
Section 128J is clear on this: the withdrawal takes effect when the registrar registers the notice, not when you send it. Until that moment, the election continues to apply. You should check the Companies House filing history to confirm the effective date, because your company's obligations flip on that date.
Q What happens if I do not maintain a register after withdrawal?
Failing to keep a proper register of members once the Chapter 2 duty applies can expose the company and its officers to penalties under the Companies Act 2006. Have the register set up and ready to receive current information on the day the withdrawal is registered, so there is no gap in compliance.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.