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Economic Crime and Corporate Transparency Act 2023

Status:

This is the original version (as it was originally enacted).

72Delivery of documents: identity verification etc

This section has no associated Explanatory Notes

(1)The Companies Act 2006 is amended as follows.

(2)In section 9 (registration documents), omit subsection (3).

(3)In section 1059A (scheme of Part 35), in subsection (2), for “1068” substitute 1067A.

(4)After section 1067 insert—

Who may deliver documents to the registrar
1067ADelivery of documents: identity verification requirements etc

(1)An individual may not deliver a document to the registrar on their own behalf unless—

(a)their identity is verified (see section 1110A), and

(b)the document is accompanied by a statement to that effect.

(2)An individual (A) may not deliver a document to the registrar on behalf of another person (B) who is of a description specified in column 1 of the following table unless—

(a)the individual is of a description specified in the corresponding entry in column 2, and

(b)the document is accompanied by the statement specified in the corresponding entry in column 3.

123
Description of person on whose behalf document delivered (B)Description of individual who may deliver document on B’s behalf (A)Accompanying statement
1FirmIndividual who is an officer or employee of the firm and whose identity is verified (see section 1110A).

Statement by A—

(a)

that A is an officer or employee of the firm,

(b)

that A is delivering the document on the firm’s behalf, and

(c)

that A’s identity is verified.

2FirmIndividual who is an officer or employee of a corporate officer of the firm and whose identity is verified.

Statement by A—

(a)

that A is an officer or employee of a corporate officer of the firm,

(b)

that A is delivering the document on the firm’s behalf, and

(c)

that A’s identity is verified.

3FirmIndividual who is an authorised corporate service provider (see section 1098A).

Statement by A—

(a)

that A is an authorised corporate service provider, and

(b)

that A is delivering the document on the firm’s behalf.

4FirmIndividual who is an officer or employee of an authorised corporate service provider.

Statement by A—

(a)

that A is an officer or employee of an authorised corporate service provider, and

(b)

that A is delivering the document on the firm’s behalf.

5IndividualIndividual whose identity is verified.

Statement by A—

(a)

that A is delivering the document on B’s behalf, and

(b)

that A’s identity is verified.

6IndividualIndividual who is an authorised corporate service provider.

Statement by A—

(a)

that A is an authorised corporate service provider, and

(b)

that A is delivering the document on B’s behalf.

7IndividualIndividual who is an officer or employee of an authorised corporate service provider.

Statement by A—

(a)

that A is an officer or employee of an authorised corporate service provider, and

(b)

that A is delivering the document on B’s behalf.

(3)In relation to a corporate officer that has only corporate officers, the reference in row 2 of the table to an individual who is one of its officers is to—

(a)an individual who is an officer of one of those corporate officers, or

(b)if the officers of those corporate officers are all corporate officers, an individual who is an officer of any of the corporate officers’ corporate officers,

and so on until there is at least one individual who is an officer.

(4)The Secretary of State may by regulations—

(a)create exceptions to subsections (1) or (2) (which may be framed by reference to the person by whom or on whose behalf a document is delivered or by reference to descriptions of document or in any other way);

(b)amend this section for the purpose of changing the effect of the table in subsection (2).

(5)Regulations under subsection (4)(a)

(a)may require any document delivered to the registrar in reliance on an exception to be accompanied by a statement;

(b)may amend this section.

(6)The Secretary of State may by regulations make provision requiring a statement delivered to the registrar under subsection (2) to be accompanied by additional statements or additional information in connection with the subject-matter of the statement.

(7)Regulations under this section are subject to affirmative resolution procedure.

(8)In this section “corporate officer” means an officer that is not an individual.

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