- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/10/2023)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 26/10/2023.
There are currently no known outstanding effects for the Economic Crime and Corporate Transparency Act 2023, Section 64.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Companies Act 2006 is amended as follows.
(2)In section 790J (power to make exemptions), in subsection (2)(e), after “790LH” (inserted by Schedule 2 to this Act) insert “and 790LM to 790LS”.
(3)After section 790LL (inserted by Schedule 2 to this Act) insert—
(1)This section applies in the following cases.
Case 1 is where—
a company is incorporated in pursuance of an application for registration containing a statement under section 12A(1)(a) naming a person as someone who will, on the company’s incorporation, become a registrable person (“the registrable person”),
the application does not include a statement under section 12B(2) in respect of the registrable person or it appears to the registrar that the statement is false, and
Case 2 is where—
(2)The registrar must direct the registrable person to deliver to the registrar, within the period of 14 days beginning with the date of the direction, a statement confirming that the person’s identity is verified (see section 1110A).
(3)The registrar may by further direction extend that period by up to 14 days at a time.
(4)A direction under this section must be in writing.
(5)A direction given to a person under this section lapses if notice is later given under section 790LG(1) in respect of that person.
(6)In this section “registrable person” does not include a person mentioned in section 790C(12)(a) to (d).
(1)A person must deliver to the registrar the statement required by this section if the person—
(a)is a registrable person in relation to a company at any time during the appointed day, and
(b)either—
(i)became a registrable person on the incorporation of the company in pursuance of an application for registration delivered before section 12B(2) came fully into force, or
(ii)became a registrable person, otherwise than on the incorporation of the company, before the day on which section 790LB(1) came fully into force.
(2)The statement required by this section is a statement confirming that person’s identity is verified (see section 1110A).
(3)A statement required by this section must be delivered within the period of 14 days beginning with the appointed day.
(4)But the registrar may by direction in writing extend that period by up to 14 days at a time.
(5)In this section—
“the appointed day” means such day as the Secretary of State may by regulations appoint for the purposes of this section;
“registrable person” does not include a person mentioned in section 790C(12)(a) to (d).
(6)The appointed day must not be before sections 12B(2) and 790LB(1) have been brought fully into force.
(1)This section applies in the following cases.
Case 1 is where—
a company is incorporated in pursuance of an application for registration containing a statement under section 12A(1)(a) naming a person as a person who will, on the company’s incorporation become a registrable relevant legal entity (“the entity”),
the application does not include a statement under section 12B(3) in respect of the entity, or is not accompanied by a statement under section 12B(4) by the person whose name is specified in the statement under section 12B(3), or it appears to the registrar that either statement is false, and
Case 2 is where—
the registrar is notified under section 790LA that a person has become a registrable relevant legal entity in relation to a company (“the entity”), and
(2)The registrar must direct the entity to deliver to the registrar, within the period of 28 days beginning with the date of the direction—
(a)a statement by the entity that—
(i)specifies the name of one of its relevant officers who is an individual and whose identity is verified, and
(ii)confirms that the individual’s identity is verified, and
(b)a statement by the individual confirming that the individual is a relevant officer of the entity.
(3)The registrar may by further direction extend that period by up to 28 days at a time.
(4)A direction under this section must be in writing.
(5)A direction given to an entity under this section lapses if notice is later given under section 790LG(1) in respect of that entity.
(6)In subsection (2) “relevant officer”—
(a)in relation to a company, means a director;
(b)in relation to a legal entity the affairs of which are managed by its members, means one of those members;
(c)in relation to any other legal entity, means an officer of the entity whose functions correspond to that of a director of a company.
(1)A person must deliver to the registrar the statements required by this section if the person—
(a)is a registrable relevant legal entity in relation to a company at any time during the appointed day, and
(b)either—
(i)became a registrable relevant legal entity on the incorporation of the company in pursuance of an application for registration delivered before section 12B(3) and (4) came fully into force, or
(ii)became a registrable relevant legal entity, otherwise than on the incorporation of the company, before section 790LB(2) and (3) came fully into force.
(2)The statements are—
(a)a statement by the entity that—
(i)specifies the name of one of its relevant officers who is an individual and whose identity is verified, and
(ii)confirms that the individual’s identity is verified, and
(b)a statement by the individual confirming that the individual is a relevant officer of the entity.
(3)The statements required by this section must be delivered within the period of 28 days beginning with the appointed day.
(4)But the registrar may by direction in writing extend that period by up to 28 days at a time.
(5)In this section—
“the appointed day” means such day as the Secretary of State may by regulations appoint for the purposes of this section;
“relevant officer” has the meaning given by section 790LO(6).
(6)The appointed day must not be before sections 12B(3) and (4) and 790LB(2) and (3) have been brought fully into force.
(1)A registrable person in relation to a company must ensure that, throughout the relevant period, they maintain the status of a person whose identity is verified (see section 1110A).
(2)In this section “the relevant period” means the period—
(a)beginning with—
(i)the incorporation of the company, in a case where the person became a registrable person on its incorporation and the application for registration of the company included a statement under section 12B(2) in respect of the person,
(ii)the delivery to the registrar of a statement in respect of the person under section 790LB(1), in a case where the person became a registrable person after the incorporation of the company and such a statement was delivered to the registrar,
(iii)the expiry of the period for complying with the direction under section 790LM, in a case where a direction under that section is given to the person, and
(iv)the expiry of the period for complying with section 790LN, in a case where that section applies to the person, and
(b)ending on the giving of a notice to the registrar under section 790LF that the person has ceased to be a registrable person in relation to the company.
(3)In this section “registrable person” does not include a person mentioned in section 790C(12)(a) to (d).
(1)A registrable relevant legal entity in relation to a company must ensure that, throughout the relevant period, its registered officer—
(a)is a relevant officer of the entity, and
(b)is an individual whose identity is verified (see section 1110A).
(2)In this section “registered officer”, in relation to a registrable relevant legal entity, means—
(a)the person whose name is specified in—
(i)a statement delivered to the registrar in respect of the entity under section 12B(3) or 790LB(2),
(ii)a statement delivered to the registrar by the entity in pursuance of a direction under section 790LO(2), or
(iii)a statement delivered to the registrar under section 790LP(2),
unless the entity has changed its registered officer under section 790LS, or
(b)if the entity has changed its registered officer under section 790LS, the person specified in the latest notice under that section.
(3)In this section “the relevant period” means the period—
(a)beginning with—
(i)the incorporation of the company, in a case where the entity became a relevant registrable legal entity on the incorporation of the company and the application for registration of the company included a statement under section 12B(3) in respect of the entity,
(ii)the delivery to the registrar of a statement in respect of the registrable relevant legal entity under section 790LB(2), in a case where the entity became a relevant registrable legal entity after the incorporation of the company and such a statement was delivered to the registrar,
(iii)the expiry of the period for complying with the direction 790LO, in a case where the entity is given a direction under that section, and
(iv)the expiry of the period for complying with section 790LP, where that section applies to the entity, and
(b)ending with the giving of a notice to the registrar under section 790LF that the entity has ceased to be a relevant registrable legal entity in relation to the company,
but see subsection (4).
(4)If the registered officer of a registrable relevant legal entity ceases to be a relevant officer of that entity, “the relevant period” does not include the period of 28 days beginning with the day on which the person so ceases.
(5)In this section “relevant officer” has the meaning given by section 790LO(6).
(1)A registrable relevant legal entity may change its registered officer for the purposes of section 790LR by giving notice to the registrar.
(2)The notice must include a statement by the entity that the new registered officer—
(a)is a relevant officer of the entity, and
(b)is an individual whose identity is verified (see section 1110A).
(3)The notice must be accompanied by a statement by the individual who is the new registered officer confirming that the individual is a relevant officer of the registrable relevant legal entity.
(4)In this section “relevant officer” has the meaning given by section 790LO(6).
(1)It is an offence for a person to fail, without reasonable excuse, to comply with—
(a)any of the following sections—
(b)a direction under section 790LM or 790LO.
(2)Where an offence under this section is committed by a registrable relevant legal entity, every officer of the entity who is in default also commits the offence.
(3)A person guilty of an offence under this section is liable on summary conviction—
(a)in England and Wales, to a fine;
(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.”
Commencement Information
I1S. 64 in force at Royal Assent for specified purposes, see s. 219(1)(2)(b)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Part you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys